KwaZulu-Natal Planning and Development Regulations - KZN ...

PDR_9.wpd14 Feb 2000KWAZULU-NATAL PLANNING AND DEVELOPMENTREGULATIONSFEBRUARY 2000(PDR_9.wpd)I N D E XREG NO DESCRIPTION PAGE/SPRELIMINARY1 Definitions 5PART ONE : PLANNING AND DEVELOPMENT COMMISSION2 Advertising for members 93 Chairperson and Deputies 94 Meetings 95 Records of meetings 106 Contracts 117 Trusts 118 Obtaining of information 129 Finances 12PART TWO : APPEAL TRIBUNAL10 Noting of Appeal 1311 Right to lodge memoranda 1312 Supply of reasons 1413 Setting down of appeal and notification of decision 1414 Urgency 1515 Condonation 1616 Resolution of urgency and condonation applications 1617 Arrangement for hearings 1718 Withdrawal and attendance 1719 Procedures at hearings 181

PDR_9.wpd14 Feb 2000REG NO DESCRIPTION PAGE/S20 Mediation 1821 Lodgment fees and costs 2022 Records 20PART THREE : DEVELOPMENT PLANS23 Content of development plans 2124 Application of this Part 2125 Resolution to prepare development plan other than provincial plan 2126 Adoption of development plans other than provincial plan 2327 Acknowledgement by the Minister and Commission 2328 Preparation or approval of development plans where responsibleauthority fails to perform its duties29 Amendment, extension or rescission of development plan other thanprovincial development plan232430 Establishment of Provincial Development Plan Workgroup 2431 Amendment, extension and rescission of provincial development plan 2532 Annual progress reports and reviews 2633 Appointment of planning and development committees 27PART FOUR : ENVIRONMENTAL MANAGEMENT34 Application of this part 2835 Developments not constituting Schedule 6 activities 2836 Developments constituting Schedule 6 activities 3037 Authorisation for prescribed activities 3038 Application for designation as environmental authority 3039 Notice of application for assignment 3040 Decision with concurrence of Ministers 3141 Rescinding or varying assignment 3142 Reference by responsible authority to Minister in certain cases 31PART FIVE : SUBDIVISION OF LAND43 Applications for approval to subdivide land 3244 Consideration of application 332

PDR_9.wpd14 Feb 2000REG NO DESCRIPTION PAGE/S45 Lodgement of plans and documents with Surveyor General 3546 Investigation of mineral rights 3547 Amendment after approval of application 3648 Lodgement of plans and documents with registrar of deeds 3749 Restriction relating to the transfer of subdivisions 3750 Restriction on activities prior to transfer 3751 Transfer of public land 3852 Deeds of grant rights and rights of leasehold 3853 Provision and standard of engineering services 3954 Failure to install engineering services 39PART SIX: PROCEDURES TO BE FOLLOWED IN CERTAINMATTERS55 Application procedures for certain approvals under the Act 4056 Finalisation of existing applications under laws repealed by the Act 4057 Procedures for formalisation of plans prepared in terms of lawsrepealed by the Act58 Application procedures in respect of plans and schemes in force underlegislation repealed by Act4141PART SEVEN : ENFORCEMENT59 Service of notices and orders 4160 Content of prohibition notices 4361 Failure to comply with prohibition notices and orders 4362 Prosecution of offenders 4463 Financial penalties 4464 Powers of entry and demolition and removal of structures 4465 Adjudication of disputes 4566 Enforcement of existing plans and schemes 46PART EIGHT : GENERAL MATTERS67 Creation of planning and development committees 4668 Exemptions 473

PDR_9.wpd14 Feb 2000REG NO DESCRIPTION PAGE/S69 Limitation on jurisdiction of Development Tribunal 4870 Jurisdiction of Appeal Tribunal under certain legislation 4971 Inconsistency between texts 4972 State bound 4973 Short title and commencement 49SCHEDULE 1 : MATTERS TO BE ADDRESSED IN THEPROVINCIAL DEVELOPMENT PLANSCHEDULE 2 : MATTERS TO BE ADDRESSED IN REGIONALAND METROPOLITAN DEVELOPMENT PLANSSCHEDULE 3 : MATTERS TO BE ADDRESSED IN LOCALDEVELOPMENT PLANS505255SCHEDULE 4 : LAND USE MANAGEMENT 58SCHEDULE 5 : STANDARD PROCEDURAL REGULATIONS 61SCHEDULE 6 : ENVIRONMENTAL STATEMENT 68SCHEDULE 7 : PRESCRIBED ACTIVITIES 69SCHEDULE 8 : PROCEDURES TO BE FOLLOWED INRESPECT OF ACTIVITIES IDENTIFIED IN SCHEDULE 7SCHEDULE 9 : APPLICATION PROCEDURES FOR CERTAINPROVISIONS OF THE ORDINANCESCHEDULE 10: APPLICATION PROCEDURES IN RESPECTOF CERTAIN OTHER LEGISLATIONSCHEDULE 11 : FINALISATION OF EXISTINGAPPLICATIONS72798283KWAZULU-NATAL PLANNING AND DEVELOPMENT REGULATIONSThe Premier, Minister of Traditional and Local Government Affairs and Minister of Agricultural andEnvironmental Affairs hereby makes the following regulations in accordance with the powers vested inthem by the KwaZulu-Natal Planning and Development Act, 1998 (Act No 5 of 1998).PRELIMINARYDefinitions4

PDR_9.wpd14 Feb 20001. In these regulations:(a)(b)words defined in section 1 of the Act have the same meaning in these regulations; andunless the context otherwise indicates—“appellant” means any person noting an appeal in terms of regulation 10(1).“applicant” means any person who applies for —(i)(ii)(iii)(iv)(v)authorisation to prepare, rescind or amend a developmentplan as contemplated in sections 23(6) or 28(1)(b) of theAct;authorisation to undertake an activity or to cause suchactivity to be undertaken as contemplated in section 31 ofthe Act;exemption in terms of section 32(1) of the Act;authorisation to develop or use buildings or land ascontemplated in section 34(1) of the Act; orauthorisation to subdivide land as contemplated insection 39 (1) of the Act.“date of service” means —(i)(ii)(iii)where service is effected personally by hand delivery, thedate of delivery;where service is by prepaid registered or signature-ondeliverymail, the date upon which the documentsconcerned are posted; andwhere service is effected by telefax or emailtransmission, the date of successful transmission thereof.“Director General”means the chief executive officer of the administration of theprovince.“environmental authority”means the Minister or a responsible authority to whom authority5

PDR_9.wpd14 Feb 2000has been assigned by the Minister in terms of section 31(2)(c)of the Act to grant authorisation for activities prescribed underSchedule 7.“engineering services”means those activities, works, structures or facilities which arenecessary for the provision of services within or to anysubdivisional layout, and may include such services as thesupply of potable water, the disposal of sewage and wastewater, the provision of electricity, roads and pedestrianfacilities, and the management of stormwater runoff .“party” (i) for the purposes of Part Two, means an applicant,objector or person who has validly made representations,and who is entitled to appear before the Appeal Tribunaland be heard by it, and includes the responsible authority;and(ii)(iii)(iv)for the purposes of Part Three, means the applicant andany person referred to in regulation 25(1)(b)(ii); andfor the purposes of Part Four, means any applicant asdefined in Schedule 8, the responsible authority if it isnot the environmental authority, and any person who hasvalidly lodged representations or objections with theenvironmental authority prior to its decision on theapplication; andfor the purposes of Parts Five, Six, Seven and Eightmeans any applicant referred to in Schedule 5, and anyother objector or person who has validly maderepresentations in terms of clause 9(b) of Schedule 5, andincludes the responsible authority.“serve”save in respect of Part Seven, or where alternative provision ismade in these regulations, means to deliver in one of thefollowing manners, and “deliver”, “give notice”, “transmit”,“notify” and “lodge” have corresponding meanings:(i)(ii)personally by hand on the person to be served;if the person in (i) cannot be found, then service by handat the place of residence or place of employment orbusiness of the person to be served or to a personapparently more than sixteen years of age and whoappears to be in charge thereof on the day of service;6

PDR_9.wpd14 Feb 2000(iii)where the person to be served is a company or a closecorporation —(aa)(bb)personally by hand on a person apparently morethan sixteen years of age and who appears to bein charge at the registered office on the date ofservice thereof; andby prepaid registered or signature-on-deliverymail addressed to the registered office;(iv)(v)where there is a postal delivery service in operation inrespect of the address concerned, by delivery by prepaidregistered or signature-on-delivery mail addressed to theperson to be served;where the person to be served has in writing nominateda telefax or email address for service, by successfulelectronic transmission to that address.“services agreement”“the Act”means an agreement concluded between an applicant and eitherthe responsible authority or supplier of services or both,determining their respective responsibilities in regard to theprovision of internal and external engineering services.means the KwaZulu-Natal Planning and Development Act1998, (Act 5 of 1998), as amended.PART ONEPLANNING AND DEVELOPMENT COMMISSIONRegulations promulgated in terms of sections 6(4) and 11(5) of the Act for the advertising ofmembers of the Commission and the efficient functioning of the CommissionAdvertising for members2. The Minister must advertise his or her intention to appoint members to the Commission in terms ofsections 6(1) or 7(3)(b) of the Act by —(a)(b)publishing notice thereof in the Gazette and by any other method of advertisement which islikely to achieve the requirements of section 6(2) of the Act; andcalling for nominations from the persons and bodies referred to in section 6(3) of the Act7

PDR_9.wpd14 Feb 2000within a period of not less than one month of the date of publication of the notice oradvertisement concerned.Chairperson and Deputies3. (1) The Minister must from time to time appoint one of the members of the Commission to be thechairperson and another member to be the deputy chairperson, for such period, not exceedingthree years, as the Minister may specify on their appointment.(2) The chairperson and deputy chairperson may be re-appointed as such on termination of theperiod of appointment referred to in subregulation (1).(3) The deputy chairperson or if he or she is absent or unable to do so, another member designatedby the members of the Commission must act as chairperson of the Commission during thechairperson’s absence or incapacity.Meetings4. (1) The meetings of the Commission must be held at such times and places as the chairpersondetermines, with a minimum of one meeting each month.(2) The chairperson —(a)must convene a special meeting within fourteen days of receipt of any request to doso signed by not fewer than six members of the Commission; and(b)may at any other time in his or her discretion convene a special meeting.(3) A quorum for a meeting of the Commission must consist of one-half of its voting members,and in the event of an equality of votes at any meeting, the chairperson has a casting vote.(4) A member of the Commission may not be present during, or take part in any discussion of,or the making of any decision on any matter before the Commission or any of its committeesin which he or she, or his or her spouse, immediate family member, business partner, associateor employer other than the State, or the business partner, associate or employer, other than theState, of his or her spouse, has, directly or indirectly, any pecuniary interest not in commonwith members of the public generally.(5) A member of the Commission must as soon as possible disclose to the chairperson, or if thechairperson is the member concerned, to the Minister, any pecuniary interest referred to insubsection (4).(6) Where any member of the Commission is unable to attend a meeting of the Commission or ofa committee upon which that member serves, that member must obtain prior leave of absencefrom the chairperson, and where he or she fails to obtain such leave of absence for three8

PDR_9.wpd14 Feb 2000consecutive meetings of the Commission or of any committee—(a)(b)(c)the chairperson must submit a report to the Minister setting out the facts andrecommending either the removal from, or retention of the member on the Commission;that member is automatically suspended from the Commission pending the Minister’sconsideration of the report referred to in subregulation (a); andthe Minister must call for any representations which that member may wish to submiton the issue, and thereafter make a decision, which decision is final and binding and,in the event of the member’s removal, has the effect of creating a vacancy on theCommission in terms of section 7(3)(b) of the Act.(7) Where the Minister has, in terms of section 7(3)(a) of the Act, given notice to a member of theCommission, that he or she intends to terminate the period of office of that member on thegrounds of a breach of either subregulations (4) or (5), or for neglect of duty or misconduct,he or she may at the same time suspend such member from membership of the Commission.Records of meetings5. (1) The secretary must keep a record of —(a)(b)(c)all decisions of the Commission;all written or oral evidence given or submissions made to the Commission; andthe proceedings of the Commission generally.(2) The secretary may, in complying with the provisions of subregulation (1)(b), retain anyevidence or submissions recorded manually, electronically or otherwise in the form in whichthey were recorded.(3) The secretary must ensure that minutes are kept of all meetings of the Commission or of itscommittees , which, together with copies of any documents or plans submitted must beretained in a place accessible for inspection by the public.(4) Any person with an interest in any matter under consideration by the Commission may obtaincopies of a transcription of the proceedings and any other relevant documents upon paymentof such costs, if any, as the secretary may determine in accordance with the TreasuryInstructions.Contracts9

PDR_9.wpd14 Feb 20006. The Commission must —(a)(b)(c)establish written procedures for the procurement by it of goods and services, a copy of whichprocedures must be kept and maintained by the secretary for inspection by the public at allreasonable times;determine the mandates of any members or officers of the Commission to enter into contractson its behalf, and such members or officers may not exceed such mandates; andsatisfy itself, by reference to the State Attorney, that the contractual terms utilised by it in itscontracts for the procurement of services, are legally competent.Trusts7. (1) In resolving to establish any trust in terms of section 11(2)(i) of the Act, the Commissionmust —(a) determine —(i)(ii)(iii)(iv)the identity of the trustees or the method by which they will be identified;the matters to be contained in the trust deed, including the procedures for thefunctioning of the trust;the appointment of a person responsible for the finances and accounts of thetrust; andthe procedures for the dissolution of the trust, and the subsequent distribution ofits assets and payment of its debts; and(b)prepare a draft trust deed incorporating the matters set out in subregulation (a) andcomplying with any other requirements of the law.(2) The Commission must, as soon as possible after resolving to establish the trust, forward to theMinister a copy of the resolution and of the draft trust deed, and obtain the approval theretoof the Minister and the Minister responsible for the treasury function, failing which theresolution has no force or effect.Obtaining of information8. (1) Any request for information in terms of sections 11(3) of the Act must be made by theCommission in writing and delivered to the appropriate officer concerned.10

PDR_9.wpd14 Feb 2000(2) The officer referred to in subregulation (1) must supply such information to the secretarywithin a period of 21 days of receipt of the request, or such further period as may be agreedto by the Commission.Finances9. The Commission must order its financial affairs and the financial affairs of any trust established byit, in accordance with the requirements of the Auditor-General, which requirements must be reducedto writing, kept by the secretary and made available for inspection by the public at all reasonabletimes.PART TWOAPPEAL TRIBUNALRegulations promulgated in terms of section 21 for the procedures to be adopted in appeals tothe Appeal TribunalNoting of Appeal10. (1) Any person wishing to note an appeal must —(a)(b)lodge written notice of appeal with the Registrar and the responsible authority whichmade the decision appealed against; andserve a copy thereof on every other party to the appeal.(2) The notice of appeal must —(a)(b)be given in such manner as the Registrar from time to time requires; andwithin 28 days of the date of service upon the appellant of the decision to be appealedagainst –(i)(ii)be lodged with the Registrar; andbe served on every other party.(3) For the purposes of subregulations (1) and (2), “lodged” means delivery of the notice by anymeans which ensures receipt thereof by the Registrar and the responsible authority within the28 day period contemplated in subregulation (2).11

PDR_9.wpd14 Feb 2000(4) The notice of appeal must state —(a)(b)(c)whether the appeal is being noted against the whole decision or only a part thereof andif only a part, which part;the grounds of appeal and the relief sought on appeal; andwhether the appellant is serving a memorandum together with the notice of appeal, orintends to serve a memorandum at a later date as contemplated in regulation 11(1), orintends to serve no memorandum at all.(5) Unless any party to an appeal has in writing notified the Registrar and any other party of anychange in his or her address, service may continue to be validly effected at the original address.Right to lodge memoranda11. (1) The appellant may at the same time as, or within 21 days of noting an appeal, serve amemorandum and five copies thereof on the Registrar, and a copy thereof on every otherparty.(2) In such memorandum the appellant may raise any issues which the appellant wishes theAppeal Tribunal to consider when making its decision.(3) Within 21 days of the date of service of —(a)a copy of the notice of appeal, where the appellant has stated in terms of subregulation10(4)(c) that it he or she does not intend to deliver a memorandum; or(b) a copy of the appellant’s memorandum, referred to in subregulation (1),any other party may serve five copies of a counter-memorandum on the Registrar, and onecopy on the appellant and every other party, which raises issues which he or she wishes theAppeal Tribunal to consider when making its decision.(4) Within 21 days of the date of service of a copy of a counter memorandum, the appellant mayserve five copies of a replying memorandum on the Registrar, and a copy on every other party.Supply of reasons12. (1) Where the responsible authority has failed to supply reasons for the decision appealed against,any of the parties to the appeal may request those reasons at any time prior to the hearing ofthe appeal.12

PDR_9.wpd14 Feb 2000(2) Should the responsible authority have failed to provide the reasons by the date of the hearing,it will be presumed, unless the responsible authority proves otherwise, that the decision waswrong.(3) The failure of the responsible authority to have supplied reasons for the decision will notentitle the parties to delay service of the memoranda referred to in regulation 11.Setting down of appeal and notification of decision13. (1) As soon as he or she is satisfied or has been advised by the relevant party that no furthermemoranda as contemplated in regulation 12 (1), (3) or (4) are to be served, the Registrarmust forward to the chairperson the notice of appeal and memoranda, if any.(2) Upon receipt of the documents referred to in subregulation (1), the chairperson must —(a)(b)designate the members and any temporary chairperson to hear the appeal, in terms ofsection 14(6) of the Act; andset the time, date and place for the hearing of the appeal which hearing must take placeno later than 90 days after the appeal is lodged with the Registrar in terms of regulation10(1), or such further period as may be agreed by the parties.(3) The Registrar must, prior to the conclusion of the hearing, ascertain from each of the partiesthe manner in which that party requires to be notified of the decision of the Appeal Tribunal.(4) The Appeal Tribunal must reach a decision in the appeal within 7 days of the conclusion ofthe hearing, and the Registrar must ensure that within 7 days of that decision, the parties arenotified thereof in the manner specified by them in terms of subregulation (3).Urgency14. (1) Every application made in terms of section 20(1) of the Act, for an order that an appeal bedealt with on an urgent basis must be —(a)(b)(c)made in writing;accompanied by a memorandum setting forth the reasons why the matter is consideredurgent; andserved, together with the memorandum, on the Registrar and all other parties concerned.(2) Any party who wishes to oppose an application in terms of subregulation (1) must, unless thechairperson directs otherwise, within 10 days of receipt of the application on him or her, serve13

PDR_9.wpd14 Feb 2000written notice of opposition, together with an opposing memorandum, on the Registrar, theapplicant and every other party.(3) The chairperson may thereafter —(a)(b)make such oral or written enquiries of the parties, orconvene such hearings or meetings of the parties;as he or she considers necessary to reach a proper decision, and notify the parties in writingthereof.Condonation15. (1) Every application for condonation made in terms of section 20(2) of the Act must be —(a)(b)served on the Registrar and all of the parties within 21 days of the failure concerned,failing which the right of appeal lapses;made in writing; and(c) accompanied by a memorandum in which the following are concisely set out —(i)(ii)(iii)(iv)(v)the period of delay;the reason for the delay;the prospects of success in the appeal;the importance of the case; andany other factor which the applicant for condonation wishes to be considered.(2) Any party who wishes to oppose an application for condonation must, within 10 days of thereceipt of the application, or such other period as the chairperson may decide, serve writtennotice of opposition, together with an opposing memorandum, on the Registrar, the applicantand every other party.(3) The provisions of regulation 14(3) applies, with the necessary modifications, to the powersof the chairperson in reaching a proper decision on an application under this regulation.Resolution of urgency and condonation applications14

PDR_9.wpd14 Feb 200016. (1) The chairperson may determine any application referred to in regulations 14 and 15 in suchmanner as he or she considers proper, or he or she may direct that any other member ormembers of the Appeal Tribunal do so.(2) The parties concerned must comply with any directions which may be given in the grantingof such application, and failing such compliance the chairperson may decide the futureconduct of the parties in the appeal in such manner as he or she considers proper.(3) The provisions of section 19 of the Act in respect of costs apply, with the necessarymodifications, to any application for urgency or condonation, save that the Appeal Tribunalmay postpone a ruling on the costs of the application until the appeal has been decided.Arrangement for hearings17. (1) The Registrar must advise the parties in writing of the time, date and place of the appealhearing.(2) The chairperson or chairperson designated in terms of section 14(6) of the Act to hear aparticular appeal may, of his or her own accord or on the request of any party, at any timeinform the Registrar —(a)(b)of any person who is required to attend a hearing of the Appeal Tribunal in order to assist itin reaching a proper decision; orwhether any additional documentation requires to be furnished to the Appeal Tribunal, or toany other persons as he or she may specify.(3) The Registrar must —(a) serve a written request upon the persons referred to in subregulations 2(a) or (b) —(i)(ii)advising them of the time, date and place of the appeal hearing, and when theymust attend; oradvising them of the documents they are required to produce.(4) Notwithstanding anything to the contrary in this regulation, the Appeal Tribunal may issue anysubpoena which it is entitled in law to issue.(5) The Registrar must give written notice to the secretary of the Commission and the Registrarof the Development Tribunal of the dates of appeal hearings and of the decisions of the AppealTribunal.15

PDR_9.wpd14 Feb 2000Withdrawal and attendance18. (1) Any party who has lodged an appeal or served notice of opposition thereto may withdrawsuch appeal or opposition by serving a notice thereof on the Registrar and each party to theappeal, and the Appeal Tribunal may upon the request of any other party and on notice to theparty who has filed the withdrawal notice, consider whether an award of costs should be made.(2) Any party to the appeal, and any person who has been notified in terms of regulation 17(2) toattend the appeal hearing, is entitled to be present and to be represented at the hearing.Procedures at hearings19. (1) At a hearing contemplated in regulation 18 —(a)(b)(c)the appellant may state his or her case and, if necessary, lead evidence in supportthereof; after whicheach other party to the appeal may do likewise; after whichthe appellant may reply, and if necessary, lead evidence in rebuttal.(2) The appeal hearing shall constitute a fresh hearing of the matters in dispute, and the partiesto the appeal may, subject to the provisions of subregulation (3), raise any fresh issues eitherin the memoranda contemplated in regulation 11, or in written or oral submissions, or inevidence.(3) Where at the hearing any party wishes to raise a fresh issue, or rely on any additionaldocuments not referred to in the notice of appeal or memoranda contemplated in regulation 12,the chairperson of the hearing must at the request of any other party, consider whether or notthe raising of the issue or the production of the documents is likely to cause prejudice to anyother party, and may, in making a ruling on the admitting thereof, grant such adjournment ororder as to costs, or both, as seems proper.(4) The Registrar must make suitable arrangements for the recording or transcription of theproceedings of the appeal, for site inspections, or for the hiring of a suitable venue for thehearing, provided that the chairperson of the hearing may in appropriate cases direct theappellant to do so, in which event the costs thereof may be awarded in any order on costsmade in terms of section 19 of the Act.Mediation20. (1) Where the Act requires a matter to be referred to mediation, or where the chairperson of theAppeal Tribunal or the chairperson of a hearing considers it proper that any issue arising in thecourse of an appeal should be referred to mediation and all parties agree thereto, the16

PDR_9.wpd14 Feb 2000chairperson concerned must, after consulting all of the parties, appoint a mediator acceptableto them.(2) Should the parties to the dispute not be able to reach agreement on the person to be appointedas mediator, the chairperson of the Appeal Tribunal must appoint any person from the panelof mediators referred to in subregulation (3) to act as mediator in that dispute.(3) The Minister must as soon as possible after the promulgation of these regulations, either —(a)(b)appoint a panel of mediators by reason of their qualifications in, or their experience orknowledge of planning and development matters or dispute resolution; orrecognise an existing panel of such mediators,for the purpose of their being appointed as mediators in terms of subregulation (2).(4) The mediators referred to in subregulation (3) must be appointed by the Minister for the periodand on the conditions specified by him or her upon their appointment; provided that anyconditions relating to the payment of remuneration and allowances must have the concurrenceof the Minister responsible for the treasury function.(5) A mediator appointed under subregulation (2) —(a)(b)(c)must confer with the parties to the dispute, conduct such enquiries and investigationsas he or she may consider necessary, endeavour to bring about a settlement in thedispute and make a report to the chairperson of the hearing as to the results of his or hermediation, and for these purposes has all of the powers conferred upon the AppealTribunal in terms of section 18(6)(a) and (b);may, where he or she considers it appropriate, confer with any other person whoseexperience or expert knowledge of the issue in dispute would be of assistance inresolving the dispute; andmay direct that the proceedings of and any recommendations or decisions made by himor her during the course of the mediation must be confidential.(6) In the absence of a direction by the mediator under subregulation 5(c) the proceedings mustbe open to the public.(7) The mediator must report the outcome of the mediation in writing to the chairperson of thehearing.(8) Any agreement reached by the parties may be made an order of the Appeal Tribunal if thechairperson of the hearing, upon receipt of the mediator’s report, considers such order to be17

PDR_9.wpd14 Feb 2000appropriate, or if the parties so request.(9) Where the mediator reports to the chairperson at the conclusion of the mediation that theparties are unable to reach agreement, and where the chairperson is of the view that the disputerequires finality by way of a ruling, the chairperson must direct the Registrar to set the matterdown for hearing, or further hearing, and the provisions of regulations 17, 18, 19 and 22 must,with the necessary modifications, apply to such hearing.(10) The mediator must at the request of the chairperson of the hearing, recommend what orderis appropriate for the recovery of the mediator’s remuneration and the costs of the mediation,and the chairman of the hearing may, subject to the provisions of section 19(1) of the Act,make an award of costs in relation thereto.Lodgment fees and costs21. (1) In noting any appeal, the appellant must pay to the Registrar such lodgment fee as may bedetermined by the Minister from time to time by notice in the Gazette.(2) The chairperson may order forfeiture of the whole or part of the lodgment fee where theappeal is withdrawn at any time after notice of the appeal hearing has been given to the partiesin terms of regulation 17(2)(a).(3) Before the Appeal Tribunal makes any order of costs as contemplated in section 19 of the Actor these regulations, it must afford the parties an opportunity to make oral or writtenrepresentations to it in such manner as it may determine.Records22. (1) The Registrar must —(a)(b)maintain a register in which must be recorded the lodgment date and reference numberof each appeal, the names of the parties, the date of the hearing of the appeal, whetherthe decision was unanimous or by majority vote, the decision of the appeal tribunal andsuch other relevant details as he or she considers relevant; andretain all recordings and transcriptions of, and documents lodged in any appeal, for aperiod of 12 months or such longer period as the chairperson directs.(2) Any decision of the Appeal Tribunal, and the reasons therefor, must be recorded in writing bythe chairperson of the hearing, and served by the Registrar on all of the parties in the appeal,in accordance with the provisions of regulation 13(3).(3) Any person may, upon written request delivered to the Registrar, and against payment of thecosts thereof, obtain a copy of the reasons for any decision referred to in subregulation (2).18

PDR_9.wpd14 Feb 2000PART THREEDEVELOPMENT PLANSRegulations promulgated in terms of sections 24(1), 25(1)(f), 25(2), 26(1), 28(1) and 30(5) of theAct, relating to development planning in the provinceContents of development plans23. (1) The development plans referred to in section 23(1) of the Act must address the matters set outin Schedules 1, 2, 3 and 4 of these regulations.(2) The Minister may from time to time issue guidelines to responsible authorities regardingadditional matters to be addressed in development plans.Application of this Part24. The provisions of regulations 25 to 29 apply to regional, sub-regional, metropolitan and localdevelopment plans, and the provisions of regulations 30 and 31 apply to the provincial developmentplan.Resolution to prepare a development plan other than the provincial plan25. (1) Where the responsible authority intends to prepare a development plan, it must —(a) prepare a work plan, containing —(i)(ii)(iii)(iv)the proposed content of the development plan;the programme and phases for the preparation thereof;the extent, form and purpose of public participation intended during thepreparation of the plan; anda proposed budget and a statement of the extent and availability of otherresources for the completion of the plan.(b)give public notice of its intention in a manner which it considers to be appropriate,which must invite interested persons to —(i)inspect the work plan at places, times, and dates stated in the notice; and19

PDR_9.wpd14 Feb 2000(ii)deliver written representations thereon within a time period stated in the notice.(2) Within 60 days after the time period stated in the notice for the lodging of representations theresponsible authority must review its intention to prepare the plan.(3) Where the responsible authority resolves to proceed with the preparation of the plan, itsresolution must specify —(a)(b)(c)(d)(e)(f)(g)(h)(i)the manner in which notice was given in terms of subregulation (1)(b);the extent, form and purpose of public participation which took place prior to the takingof the resolution to proceed;the nature, method of notification and extent of consultations which will be conducted;the phases for the preparation of the plan;the manner in which the adopted plan is to be publicised;the boundaries of the plan;the nature and method of presentation of the information to be contained in the plan;the procedures which the responsible authority proposes for the management andcontrol of development, whether conforming to the plan or not, and for amendments toor the rescission of the plan; andthe period by which the plan must be adopted.(4) The responsible authority must within 14 days of the resolution referred to in subregulation (3)—(a)(b)(c)give public notice thereof in a manner which it considers appropriate provided that suchnotice must consist at least of publication in a local newspaper;give notice thereof to those interested parties who delivered written representations interms of subregulation (1)(b); andnotify the Minister in terms of section 26(2) of the Act and the Commission, and at thesame time provide them with a copy of the work plan.Adoption of development plans other than the provincial plan20

PDR_9.wpd14 Feb 200026. (1) Where the responsible authority has taken a resolution as contemplated in regulation 25(3)and the Minister has not exercised his or her powers under section 29(1)(a) of the Act, theresponsible authority must prepare the plan concerned in accordance with such resolution.(2) A responsible authority has to transform all town planning schemes within its area ofjurisdiction prepared in terms of any law as contemplated in section 24(1) of the Act beforeit may proceed to adopt its development plan.(3) Where the responsible authority intends to transform an existing town planning scheme ascontemplated in subregulation (2), it must notify any neighbouring responsible which mayhave an interest in the transformation of its existing town planning scheme and supply themwith a copy of its work plan and proposed land use management system, and at the same timeissues the public notices referred to in subregulation 25(1)(b).(4) In the event that the two responsible authorities are unable to reach agreement on thetransformation of an existing town planning scheme, the dispute must be referred to the AppealTribunal for final determination before the responsible authority takes the resolution referredto in subregulation 25(3).(5) Upon adoption of the development plan the responsible authority must comply with theprovisions of section 26(4) of the Act and at the same time as delivering a copy of thedocuments referred therein to the Minister, also deliver a copy thereof to the Commission.Acknowledgement by the Minister and Commission27. The Minister and the Commission must acknowledge in writing the date upon which any documentsare received in terms of section 28(2) of the Act.Preparation or approval of development plans by Minister when responsible authority fails toperform its duties28. Where the Minister elects to cause a development plan to be prepared or approved in terms of section23(3) of the Act, he or she must ensure that the provisions of regulations 26 and 27, with thenecessary modifications, are complied with.Amendment, extension or rescission of development plan other than the provincial developmentplan29. (1) A responsible authority may not amend, extend or rescind any provision of its developmentplan in terms of section 28(1)(a) of the Act, without first consulting any responsible authoritywhose development plan may be affected by the proposed amendment, extension or rescission,and it must notify such authority in writing of its resolution to adopt such amendment,extension or rescission as soon as possible thereafter.(2) The procedures for the amendment, extension or rescission of any development plan, must21

PDR_9.wpd14 Feb 2000comply with those contained in Schedule 5, save that reference in Schedule 5 to “applicant”means reference to the responsible authority where it initiates the amendment, extension orrescission concerned.(3) Where the amendment, extension or rescission concerned is requested by any person other thanthe responsible authority, and the rescission is one which in the opinion of the responsibleauthority concerned is of benefit to the public generally, the responsible authority mayreimburse such portion of the applicant’s advertising costs and application fees as it considersappropriate.(4) Where the responsible authority decides not to proceed with the amendment, extension ofrescission concerned, the proposal shall be deemed to have been refused unless the decisionis taken on appeal to the Appeal Tribunal.(5) Notwithstanding the provisions of subregulation (2), a responsible authority may, where it isof the opinion that any amendment or rescission is —(a)(b)of a minor or inconsequential nature; ornecessary to correct an error or omission in the plan,and it is satisfied that no prejudice will be occasioned thereby, relax any of the provisions ofSchedule 5 to the extent that the development plan allows.(6) A responsible authority which adopts an amendment or rescission in terms of subregulation(5) shall be deemed to be exempted from the provisions of section 28(2) and 29 of the Act.Establishment of Provincial Development Plan Workgroup30. (1) As soon as possible after the coming into effect of these regulations, the Director-General withthe concurrence of Cabinet must establish a Provincial Development Plan Workgroup to —(a)(b)(c)(d)prepare a work plan for the proposed provincial development plan;oversee the preparation of the provincial development plan;submit the provincial development plan to the Cabinet; andadvise the Director-General and the Cabinet on the implementation, amendment,monitoring and review of the provincial development plan.(2) The Director-General must determine the composition of the Workgroup in consultation withthe Cabinet.22

PDR_9.wpd14 Feb 2000(3) The Workgroup must submit the work plan referred to in subregulation 1(a) to theCommission for its comment in terms of section 23(1)(a) of the Act, and to the Director-General for the approval in principle of the Cabinet.(4) The provisions of regulations 25(1)(b), (2), (3) and (4)(a) apply, with the necessarymodifications, to the adoption of the work plan referred to in subregulation (1) save that —(a)(b)(c)the Workgroup must submit a report to the Director-General on whether anyamendments should be effected to the work plan in the light of the representationsreceived, which must be submitted to the Cabinet;the Cabinet must thereafter resolve either to proceed with the preparation of theprovincial development plan, or not to do so, within 60 days of the date upon which thereport of the Workgroup is received in terms of subregulation (a); andthe Director General must cause the resolution referred to in subregulation (b) to bepublished in the Gazette, and the place and time where the work plan may be inspectedshall be clearly stated therein.(5) The preparation of the provincial development plan must take place in accordance with thework plan referred to in subregulation (1), and as soon as possible after its adoption by theCabinet, the Director-General must give notice of the plan in the manner consideredappropriate by the Cabinet, and deliver a copy thereof to the Commission.(6) The notice referred to in subregulation (5) must be published at least in the Gazette.Amendment, extension and rescission of provincial development plan31. (1) The Minister may with the concurrence of the Cabinet, at any time request the ProvincialDevelopment Plan Workgroup to consider and advise the Cabinet on the need to amend theprovincial development plan.(2) The Workgroup must, upon receipt of the request in subregulation (1) —(a)(b)in consultation with the Minister, decide whether any amendments are necessary andprepare written reasons for its decision; andif it considers such amendments to be necessary, give notice of the proposedamendments by means of such of the methods set out in clause 8 of Schedule 5 as itconsiders appropriate, modified in respect of the provincial development plan to theextent necessary.(3) The provisions of clauses 13, 16, 17 and 18 of Schedule 5 apply, with the necessarymodifications, to the consideration by the Workgroup of any response to the notice referred23

PDR_9.wpd14 Feb 2000to in subregulation 2(b).(4) The Workgroup must, after consulting with the Commission, submit a written motivation onthe proposed amendments to the Minister, for consideration by the Cabinet.(5) The Cabinet must thereafter decide whether to approve or decline the amendments, and suchdecision must be published by the Minister by notice in at least the Gazette.(6) For the purposes of any appeal, the period referred to in regulation 10(2)(b) commences on thedate of the publication referred to in subregulation (5).Annual progress reports and reviews32. (1) Every responsible authority must —(a)within 3 months after the end of its financial year, compile an annual report on theimplementation of its development plan; and(b) compile a written report reviewing the content of its development plan —(i)every five years after its adoption; or(ii) whenever any other plan to which it must be compatible in terms of section 25(4)of the Act, is adopted or amended,whichever is the earlier.(2) The reports contemplated in subregulation (1) must be advertised by the responsible authorityconcerned in a manner considered appropriate by it, but in any event at least in accordancewith the provisions of clauses 8 (a), (d), and (e) of Schedule 5.(3) Copies of the reports referred to in subregulation (1) together with any representations lodgedin response to the advertisement referred to in subregulation (2) must —(a)(b)in the case of development plans other than the provincial development plan, be sent tothe Minister and the Commission; andin the case of the provincial development plan, be sent to the Cabinet,as soon as possible after expiry of the advertising period.Appointment of planning and development committees24

PDR_9.wpd14 Feb 200033. (1) Any responsible authority wishing to establish a planning and development committee in termsof section 30 (1) of the Act, may, subject to the provisions of subregulations (2) to (5), andof any other law, resolve to do so.(2) Before taking a resolution in terms of subregulation (1), the responsible authority must givenotice of its intention in a manner which it considers appropriate, at least in accordance withclause 8(a) of Schedule 5, and such notice must —(a)(b)(c)(d)set out briefly the reasons for the establishment of the committee;describe the functions and powers to be conferred on the committee in terms of section30(3) of the Act;call either for the nomination of persons to serve on the committee or for objections, ifany, to the establishment of the committee; andstate the date by which, and the address at which such nominations or objections mustbe delivered to the responsible authority.(3) The responsible authority may consult with any persons, or call public meetings in order toensure that nominations to the committee are sufficiently representative of the affectedcommunities.(4) The responsible authority must, before appointing any person to a committee, give notice ofits intention to appoint that person in a manner which it considers appropriate, and call forobjections thereto within a stated period.(5) The responsible authority may appoint persons to the committee in their personal or theirrepresentative capacities, and shall in each case record the basis of their appointment.(6) Unless the responsible authority resolves otherwise, the provisions of section 7 of the Actapply, with the necessary modifications, to the appointment, period of office, and vacation ofoffice of members of any committee, provided that members appointed in their representativecapacities must vacate office if they cease to represent the bodies concerned.(7) The responsible authority must provide any committee appointed by it with administrativesupport necessary to perform its functions, and must pay its reasonable expenses.(8) The responsible authority may dissolve any planning and development committee establishedunder this regulation, after reasonable notice to the committee, provided that —(a)(b)it has given written reasons to the committee for its dissolution; andany assets of the committee will become the property of the responsible authority25

PDR_9.wpd14 Feb 2000concerned.PART FOURENVIRONMENTAL MANAGEMENTApplication of this Part34. (1) The provisions of regulation 35 apply to any application referred to in regulation 55(1)(a)which does not entail an activity prescribed in Schedule 7.(2) The provisions of regulations 36 to 42 apply to any application referred to in regulation55(1)(a) which entails an activity prescribed in Schedule 7.(3) The responsible authority or the environmental authority, as the case may be, may absolve theapplicant from compliance with any of the obligations in this Part if it is satisfied that therequirements in this Part have been fulfilled in any other application relating to the activityconcerned, either under this Act or any other law.Developments not constituting Schedule 7 activities35. (1) The applicant must, in addition to the documents referred to in clause 1 of Schedule 5, alsodeliver to the responsible authority a duly completed environmental statement in the form andaccompanied by the documents required by Schedule 6;(2) Upon receipt of the statement and any additional information delivered in terms of clause 4 ofSchedule 5, the responsible authority may —(a)direct the applicant to carry out an environmental impact assessment in accordance withsuch procedures as it may determine; or(b) refer the statement for advice to the Minister, or any other responsible authoritydesignated by the Minister, or to an independent specialist employed for such purpose,at the applicant’s cost,provided that the applicant may appeal to the Appeal Tribunal if it considers any action takenby the responsible authority in terms of this subregulation to be unreasonable.(3) The responsible authority may in addition to the powers granted to it in terms of clause 19(2)of Schedule 5, also(a)require the applicant, to its satisfaction, to establish a fund or provide a guarantee forthe purpose of mitigating any environmental damage which may be caused by theproposed development; and26

PDR_9.wpd14 Feb 2000(b) require the applicant to provide periodic reports which may include —(i)(ii)(iii)an assessment of the accuracy or otherwise of the initial impact predictions;a statement on the success or failure of any mitigatory measures that may havebeen required; ora report on the applicant’s compliance with the conditions of approval.(4) Where, in the opinion of the responsible authority, previously unforseen environmentalimpacts arise while the applicant is implementing the approval of an application referred to inregulation 55(1)(a) —(a)(b)(c)the responsible authority may require the applicant to deliver a supplementarystatement dealing therein with the mitigation of the said impacts;the provisions of subregulations (1), (2) and (3) apply with the necessary modifications,to such previously unforseen environmental impacts; andthe responsible authority may amend the conditions of approval in order to ensure thatsuch mitigation is effected.Developments constituting Schedule 7 activities36. The activities listed in Schedule 7 are prescribed activities in terms of section 31(2)(a) of the Act.Authorisation for prescribed activities37. (1) Any person wishing to undertake any prescribed activity must in addition to obtaining anyother approval required under the Act, also obtain authorisation to from the environmentalauthority to undertake such activity in accordance with the procedures set out in Schedule 8.(2) Reference in this Part and in Schedule 8 to “environmental authority” means the Minister ora responsible authority to whom authority has been assigned by the Minister to grantauthorisation to undertake prescribed activities in terms of section 31(2)(c) of the Act.Application for designation as environmental authority38. A responsible authority may in writing apply to the Minister for the assignment referred to inregulation 37(2), and in doing so the responsible authority must set out —(a)the technical competence available to it which enable it adequately to evaluate the proceduresinvolved and reports delivered to it;27

PDR_9.wpd14 Feb 2000(b)(c)(d)(e)(f)its capacity to cope with the anticipated volume of work;the finances available to enable it to discharge its functions competently;if in its opinion it does not have its own technically competent staff, capacity or finances, howit proposes to discharge its duties under Schedule 8; andthe means by which it proposes to comply with the requirements for the environmentalmanagement component of its development plan as contemplated in section 25(1)(b) of theAct; andif it has not yet completed the environmental management component of its development plan,its environmental management policies and the means by which it proposes to attain them.Notice of application for assignment39. Any responsible authority making application in terms of regulation 39 must give notice thereof —(a)(b)(c)in such manner as the Minister directs, provided that the provisions of clauses 11 to 19 ofSchedule 5 apply, with the necessary modifications, to the procedure for and content of suchnotice and the consideration of the application; andto the national departments dealing with environmental affairs, tourism, land affairs, wateraffairs, forestry, agriculture and transport; andto the provincial departments dealing with environmental affairs, health, local government,transport, housing, tourism and agriculture.Decision with concurrence of Ministers40. The Minister may refuse an application for authorisation made in terms of regulation 38 or approveit with or without conditions, provided that the Minister may not grant any assignment or exempt anyresponsible authority from the provisions in this Part in terms of regulation 68, without the priorconcurrence of the Ministers responsible for the environment and for nature conservation.Rescinding or varying assignment41. (1) The Minister may of his or her own accord or at the request of any other person, rescind orvary any assignment granted under regulation 37(2) if he or she is of the opinion that it is inthe public interest to do so.(2) Before exercising his or her powers in terms of subregulation (1) the Minister must —28

PDR_9.wpd14 Feb 2000(a)(b)(c)give notice in the Gazette, and in terms of clause 8(a) of Schedule 5, calling therein forrepresentations on the issue from any interested persons by a specified date;unless the request emanated from the environmental authority concerned, give noticeto that environmental authority, giving it a reasonable opportunity to makerepresentations as to why the authorisation should not be revoked or varied; andconsult with the departments and the Ministers referred to in regulations 39(b) and (c)and 41.(3) The responsible authority concerned and any person who made representations in terms ofsubregulation (2)(a) may appeal to the Appeal Tribunal in the manner prescribed against anydecision taken by the Minister in terms of subregulation (1).Reference by provincial and national Ministers in certain cases42. (1) Where an environmental authority, other than the Minister proposes itself to undertake theprescribed activity concerned, the application for authorisation to undertake that activity mustbe referred to the Minister.(2) Every environmental authority, including the Minister, must refer every application receivedby it for authorisation to undertake a prescribed activity, to the national Minister responsiblefor the environment for consideration —(a)(b)(c)(d)(e)(f)where the activity concerned, in the opinion of the Minister, has direct implications fornational environmental policy or international environmental commitments or relations;where the environment under threat has been demarcated as an area of national orinternational importance;where the national Minister and the responsible authority jointly decide that anapplication in respect of a specific activity should be considered by the such Minister;where a national government department, a provincial authority or a statutory body isthe applicant; orwhere the activity has the potential to affect the environment across the borders of twoor more provinces.where the activity has the potential to affect the environment across the borders of theprovince.29

PDR_9.wpd14 Feb 2000PART FIVESUBDIVISION OF LANDApplication for approval to subdivide land43. (1) An applicant for subdivisional approval in terms of section 39(1) of the Act may make suchapplication at the same time as any other application referred to in regulation 55(1), and at thesame time that it complies with the provisions of regulations 35, or 36 and 37, as the case maybe, with regard to the assessment of environmental impacts.(2) The provisions of Schedule 5 apply to any application for subdivisional approval in terms ofsection 39(1) of the Act, save to the extent varied in this regulation.(3) The application is deemed to be of a minor and inconsequential nature, not requiringadvertisement when it arises from —(a)(b)an encroachment or boundary adjustment resolved by written agreement; oran order of court confirming the acquisition of a portion or portions of an erf or ervenby prescription.(4) The application for subdivisional approval must include —(a)(b)(c)(d)a draft subdivisional layout plan, the number of copies of which must be determined bythe responsible authority;the draft conditions of approval;a written motivation for the application;the registrable conditions which will apply to the subdivision or subdivisions;(e)(f)(g)the title conditions to be altered, suspended, cancelled or removed in terms of section41 of the Act or of the Removal of Restrictions Act, 1967;proof of ownership and the consent of the owner, as provided for in section 34(4) of theAct;a services agreement, as contemplated in regulation 53(1)(b), setting out the level ofservices to be installed, or if no services agreement has been concluded, those serviceswhich the applicant undertakes to install, and may be made conditions of approval;30

PDR_9.wpd14 Feb 2000(h)(i)such duly completed forms as the responsible authority may require; andpayment of such application fees as the responsible authority or the Minister, as the casemay be, may determine.Consideration of application44. (1) In considering the application referred to in regulation 43, the responsible authority must takeinto account the following matters, in so far as they may be applicable —(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)the applicant's written motivation;the physical conditions of the site which may affect the proposal;the suitability of the proposed layout with regard to the shape and dimensions of thesubdivisions, traffic and access requirements, and its proximity to existing essentialservices;whether the layout is likely to cause any environmental impact which would requireassessment;the provision of land for public, municipal or community purposes;compliance with the relevant provisions of a development plan, town planning scheme,scheme or other plan;the applicant's proposed conditions of approval;conditions referred to in regulation 43(4)(d) and (e);the necessity for the registration of servitudes for municipal and other public purposes;the adequacy of the conditions relating to services or any services agreement ascontemplated in regulation 53(1)(b);the proximity of the development to, and its effect on the provincial and local roadnetwork; andany other relevant issue.(2) The responsible authority may refuse the application or grant the application subject to suchconditions as it considers proper.31

PDR_9.wpd14 Feb 2000(3) In the event of the application being deemed to be approved in terms of section 34(6) of theAct, such deemed approval is subject to the applicant's draft conditions of approval referredto in regulation 43(4)(b);(4) Where the responsible authority has refused the application, or has imposed conditions on theapproval that are materially different from the applicant’s draft conditions of approval, theresponsible authority must, if so requested by the applicant, forward its reasons in writing tothe applicant.(5) All documentation, including plans and the conditions of approval must be endorsed by theresponsible authority with an identifying number unique to each application.Lodgement of plans and documents with Surveyor General45. (1) An applicant who has been —(a)(b)(c)notified that the subdivisional application has been approved; ornotified that an amendment or division thereof has been approved as contemplated inregulation 47(1), orwhose application has been deemed approved in terms of section 34(6) of the Act andendorsed in accordance with clauses 20 and 21 of Schedule 5;must lodge for approval with the Surveyor General such plans, diagrams, other documentsamended thereto as the Surveyor General may require.(2) As soon as possible after lodging the plans, diagrams or other documents referred to insubregulation (1), the applicant must, where the designations issued by the Surveyor-Generalare different from those appearing on the subdivisional layout plan and in the conditions ofapproval, furnish the responsible authority, the Surveyor-General and the registrar of deedswith a copy of the approved layout plan containing a table with the original designations, andthe corresponding new designations assigned to the layout by the Surveyor-General.(3) The applicant must, within a period of fourteen days after the date on which the SurveyorGeneral has approved the plans and diagrams, lodge a certified copy or original of the diagramand general plan with the responsible authority.Investigation of mineral rights46. (1) If —(a)(b)the rights to minerals in respect of the land to be subdivided have been severed from theownership of the land; orthe owner of the land to be subdivided has granted a lease of the rights to minerals orhas entered into a prospecting contract, either or both of which is or are registered interms of the Deeds Registries Act, 1937 (Act No 47 of 1937), or has executed a notarialdeed contemplated in the Minerals Act, 1991 (Act No 50 of 1991) which notarial deedis registered or deemed to be registered;32

PDR_9.wpd14 Feb 2000the applicant must include in the application the information referred to in subregulation (2).(2) The applicant must satisfy the responsible authority that —(a)the holder or lessee of the rights to the minerals or the holder of the rights in terms ofthe prospecting contract or notarial deed has consented to the subdivision; or that suchholder or lessee cannot be traced, despite reasonable efforts; or(b) either the Minister has exercised any power under section 17 of the Minerals Act, 1991,or the applicant has requested the Premier as contemplated in section 4 of theExpropriation of Mineral Rights (Townships) Act, 1969 (Act No 96 of 1969), toexpropriate the right to the minerals concerned and such expropriation has beeneffected; or(c)(d)the land is not being used for mining purposes or purposes incidental thereto and theowner of the land, with the written consent of the Director-General referred to in section2 of the Minerals Act, 1991, has consented to the subdivision of the land; orit has taken any other steps which may be necessary to secure the rights to the mineralsconcerned.Amendment after approval of application47. (1) An applicant who has been notified that the subdivisional application has been approved may,at any time prior to the register being opened as contemplated in section 40 of the Act, applyto the responsible authority for —(a)(b)the amendment of the layout plan or conditions relating thereto;for the division of the subdivisional layout into two or more separate applications:Provided that the applicant must lodge a new application where the responsible authorityconsiders the amendment to be substantial.(2) The responsible authority must before granting an application referred to insubregulation (1) —(a)satisfy itself that the Surveyor-General has not yet approved the plans and diagrams, ifalready lodged in terms of regulation 45(1); and(b) advise the applicant of the extent to which he or she must comply with the provisionsof Schedule 5.(3) Where the application contemplated in subregulation (1) has been approved, the responsibleauthority must notify the applicant, the Surveyor-General and any other party in writingthereof and of any conditions imposed thereon.Lodgement of plans and documents with registrar of deeds48. An applicant who has been —33

PDR_9.wpd14 Feb 2000(a)(b)(c)notified that the subdivisional application has been approved; ornotified that an amendment or division thereto has been approved as contemplated inregulation 47(1); orwhose application has been deemed approved in terms of section 34(6) of the Act and endorsedin accordance with clauses 20 or 21 of Schedule 5, must make application registrar of deedsin terms of section 46 of the Deeds Act, Act 47 of 1937, and lodge a certified copy of theapproved general plan, diagrams, other documents or amendments thereto with the registrar.Restrictions on the transfer of subdivisions49. (1) No subdivisional transfer may be registered by the registrar of deeds until such time as theresponsible authority has certified that the conditions of approval have been fulfilled in respectof the subdivision concerned.(2) Where a condition referred to in subregulation (1) requires the applicant to pay stipulatedcosts, the applicant may furnish a suitable financial guarantee in an amount sufficient to coverthose costs, and the responsible authority must, upon receipt thereof issue the certificatereferred to in subregulation (1).Restrictions on activities prior to transfer50. (1) Until the responsible authority has issued the certificate referred to in regulation 50(1), noperson may in respect of the subdivision concerned erect, or cause or permit to be erected, anystructure thereon, unless the responsible authority has on written application to it by theapplicant granted its written approval and the applicant has complied with any conditionswhich may have been imposed thereon by the responsible authority.(2) An agreement may be concluded for the sale, exchange, lease, alienation or other disposal ofa subdivision prior to the issue by the responsible authority of a certificate contemplated inregulation 49(1) without first obtaining the approval of the responsible authority, providedthat —(a)(b)(c)any proposed subdivision may not be transferred until such certificate has been issued;where such certificate has not been issued within 120 days after the date of signature ofsuch agreement, it shall be voidable at the instance of the person acquiring rights in theproposed subdivision (“the purchaser”) and any monies paid by the purchaser must berefunded; andthe person disposing of rights in the proposed subdivision (“the seller”) may not receiveany portion of the consideration therefor until transfer has been effected or unless thepurchaser has in writing agreed to pay to an attorney, in trust for the seller, any portionor the whole of the consideration against the issue of an irrevocable and unconditionalguarantee by a registered bank or other financial institution acceptable to the purchaser,expressed payable to the purchaser on a date suitable to the purchaser if the proposedsubdivision is not transferred to the purchaser by such date.(3) Any person who contravenes the provisions of subregulation (1) or (2) is guilty of an offence34

PDR_9.wpd14 Feb 2000as contemplated in section 48 of the Act.Transfer of public land51. Where an applicant is required to transfer to a municipality or other authority, land designated on thelayout plan for use for public purposes, the conditions of approval must stipulate the period withinwhich the registration of transfer must be effected.Deed of grant rights and rights of leasehold52. (1) Where land has been subdivided in —(a)(b)(c)a development area, as defined in the Black Communities Development Act, 1984 (ActNo. 4 of 1984);a development area, as defined in the Township Development Regulations for Towns,published in Government Notice No. R 1886, 1990 in terms of the provisions of theBlack Administration Act, 1927 (Act No. 38 of 1927); oran area set aside as a township in terms of the provisions of the Regulations for theAdministration and control of Townships in Black areas, published under ProclamationNo. R293, 1962,and provided that the land is shown on a general plan approved either in terms of theapplicable legislation or as contemplated in regulation 53(1) and 44 and the register thereforhas not been opened, then, notwithstanding anything to the contrary contained in theseregulations, the responsible authority may issue the certificate contemplated in regulation 49(1)for the registration of a subdivision shown on the general plan.(2) Upon receipt of the certificate referred to in subregulation 49(1), the registrar of deeds maycause a right of leasehold or a deed of grant right, as the case may be, to be registered inrespect of the subdivision concerned.(3) The certificate contemplated in regulation 49(1) must not be issued by the responsibleauthority unless it is satisfied that adequate arrangements have been made for the provision ofservices to the subdivision to be registered.Provision and standard of engineering services53. (1) Every subdivisional layout approved in terms of regulation 44(2) shall be provided with anappropriate standard of engineering services, which services —(a)(b)in the case where the applicant is the responsible authority, must be installed by theresponsible authority; andin every other case, must be set out in a written services agreement between theapplicant and the responsible authority or other supplier of services.(2) A services agreement contemplated in subregulation (1)(b) must comply with such directivesas may be issued by the Minister or the responsible authority and published by notice in the35

PDR_9.wpd14 Feb 2000Gazette.(3) In the event of the parties concerned failing to reach agreement on an appropriate standard ofengineering services or any other matter to be included in the services agreement, such maybe referred by the responsible authority or the applicant to the Appeal Tribunal for mediationor determination, as contemplated in regulation 19.Failure to install engineering services54. Notwithstanding the provisions of regulation 53(1) —(a)(b)(c)the responsible authority or other supplier of services, or both may, at the request and at theexpense of the applicant, install and provide any engineering services for which the applicantis responsible in terms of regulation 53, or cause such services to be installed and provided;the applicant may at the request and at the expense of the responsible authority or othersupplier of services, or both, install and provide any engineering services for which theresponsible authority or other supplier of services is responsible in terms of regulation 54 orcause such services to be installed and provided; orthe applicant may at its own initial cost install and provide any engineering services for whichthe responsible authority or other supplier of services is responsible but unable for any reasonto provide, subject to such agreement in regard to recovery thereof from the responsibleauthority or other supplier of services as may be entered into by them.PART SIXAPPLICATION PROCEDURES UNDER THE ACT AND REPEALED LEGISLATIONRegulations promulgated in terms of sections 28(1), 34(1), 46(1), 39(5) and 44(2) of the Act, for theprocedures to be followed in those applications; and in terms of sections 56 (3) and (4) of the Act,for procedures to be followed in respect of applications where certain schemes and other plansexist.Application procedures for certain approvals under the Act55. (1) Unless otherwise provided for in the Act and these regulations, the procedures contained inSchedule 5 apply in respect of every application —(a)(b)(c)(d)(e)to amend, extend or rescind a development plan in terms of section 28(1) of the Act;to use land or erect or use buildings in terms of section 34(2) of the Act;to subdivide land in terms of section 39 of the Act;to obtain authority or consent to develop and use any land or buildings within the areaof effect of any plan referred to in section 56(1) of the Act; andto finalise any applications referred to in sections 44(2) and 56(4) of the Act.36

PDR_9.wpd14 Feb 2000(2) For the purposes of subregulation (1), the term “applicant” includes the responsible authority,where the application concerned is brought at its instance.Finalisation of existing applications under laws repealed by the Act56. The provisions of Schedule 9 apply to the finalisation of any application under legislation repealedby the Act, which had been lodged but not finalised, on the date of the coming into effect of theseregulations.Procedures for formalisation of plans prepared in terms of laws repealed by the Act57. The provisions of Schedule 10 apply —(a) to the steps which must be taken by the Minister to formalise plans referred to in clause 1thereof; and(b)the procedures which must be followed in applications related to such plans.Application procedures in respect of plans and schemes in force under legislation repealed by theAct58. (1) The provisions of Schedule 11 apply to the administration, after these regulations take effect,of any existing scheme or plan referred to in section 24(1) of the Act, read with Schedule 10.(2) Where any law repealed by this Act provided a procedure for the administration of a plan orscheme referred to in section 24(1) of the Act read with Schedule 10, the correspondingprocedure provided for in the Act for the administration of a development plan, shall beapplied by the responsible authority to the administration of such plan or scheme.PART SEVENENFORCEMENTRegulations promulgated in terms of section 49 of the Act for enforcement by way ofprohibition notices and orders, the prosecution of offenders, and related mattersService of notices and orders59. (1) A prohibition notice or a prohibition order referred to in sections 47(1) and 47(3) of the Actrespectively, is deemed to have been validly served where the responsible authority or theMinister, as the case may be, has effected service thereof in one or more of the followingways —(a)(b)personally by hand delivery to the registered owner or the occupier or lessee of the land,building or structure concerned;if the person in subregulation (a) cannot be found, by delivering it at his or her residenceor place of employment or business to a person apparently more than sixteen years ofage and who appears to be in charge of the land, building or structure concerned on the37

PDR_9.wpd14 Feb 2000day of service;(c)where the owner, occupier or lessee of the land, building or structure concerned is acompany or a close corporation —(i)(ii)personally by hand delivery to a person apparently more than sixteen years ofage and who appears to be in charge at the registered office thereof; orby delivery by prepaid registered or similarly receipted mail addressed to theregistered office;(d)(e)where there is a building on the land concerned, and personal service in terms ofsubregulations (a) and (b) has been unsuccessful on at least two occasions during thehours of 8.00am and 5.00pm on working days, by affixing the notice or order to themain access door or entrance to that building; orwhere there is a postal delivery service in operation in respect of the land concerned, bydelivery by prepaid registered mail or signature-on-delivery mail addressed to theowner, occupier or lessee at the street address of the land, building or structureconcerned.(2) Any notice or order served in the manner referred to in subregulation (1)(c)(ii) or (1)(e) shallbe deemed to have been received by the addressee five working days after posting thereof, anda written receipt from the postal authorities, unless the contrary is proved, constitutesconclusive proof in any proceedings, that the notice or order concerned was transmitted to theaddressee concerned.(3) An affidavit signed by any person who effected service in any of the manners referred to insubregulation (1) is admissible as proof of such service in any proceedings under Chapter VIIof the Act.(4) Every notice or order served upon any person who is not the registered owner of the land onwhich the contravention is taking place, must be served as soon as possible thereafter alsoupon the registered owner thereof in one or more of the manners set out in subregulation (1).Content of prohibition notices60. Every prohibition notice must inform the person referred to in section 47(1) of the Act of —(a)(b)(c)(d)(e)the provisions of Act, other applicable law, development plan, town planning scheme or otherplan which are being contravened;the unauthorised activity, and the locality at which it is taking place;the basis upon which the addressee is liable for the alleged contravention;his or her right to make representations to the responsible authority in terms of section 47(2)(b)of the Act;the person to whom, the date by which and the physical address at which the representations38

PDR_9.wpd14 Feb 2000in subregulation (d) must be delivered; and(f)a warning that in the event that no representations are made by the date stipulated in thenotice —(i)(ii)(iii)a prohibition order will be issued without further notice;the addressee may be convicted of an offence under the Act; andthe addressee on conviction may become liable for the penalties referred to in regulation64.Content of prohibition orders61. A prohibition order referred to in section 47(3) of the Act must contain, in addition to the informationin regulation 61 —(a)(b)(c)the fact that, and the date upon which, the prohibition notice was served upon the addressee;where the addressee or any other person made representations in terms of section 47(2)(b) ofthe Act, the decision of the responsible authority and the reasons why such representationswere rejected; andsuch further information as is required under section 47(3) of the Act.Prosecution of offenders62. If in any prosecution under section 48 of the Act, it is proved that the accused was either —(a)(b)the registered owner of the land, or the lessee or occupier of that portion of any land, buildingor structure on or in which the contravention was taking place; orthe owner of any business or other enterprise which was prohibited;the accused is required to prove that he or she did not cause or knowingly permit the offence to takeplace.Financial penalties63. (1) In addition to any fine or other penalty which a court may impose in any criminal proceedings,any person who fails to comply with an order contemplated in sections 47(3) or 47(5) of theAct is liable for the payment of a penalty determined by the responsible authority inaccordance with the provisions of subregulation (2).(2) In determining any penalty referred to in subregulation (1), the responsible authority maydetermine a different penalty for different or recurring contraventions, provided however thatthe penalty must be reasonable in all the circumstances, taking into account —(a)the anticipated enforcement costs of the responsible authority;39

PDR_9.wpd14 Feb 2000(b)(c)the prevalence of the contravention and desirability of a deterrent element in thepenalty; andthe need for a punitive element appropriate to the contravention concerned.Powers of entry and demolition and removal of structures64. (1) Any authorised official of a responsible authority may, subject to the provisions of thisregulation, enter upon any property within its area of jurisdiction in order —(a)(b)to inspect any land, building or structure; orto pull down, demolish or remove any buildings or structures erected in contraventionof any law or plan.(2) Except where responsible authority is satisfied that the purpose of the inspection referred toin subregulation (1) would be frustrated thereby, reasonable prior notice of the inspection mustbe given to the owner of the property concerned or, if the owner cannot be found afterreasonable attempts have been made, to the occupier thereof.(3) Where the prohibition order referred to in section 47(3) of the Act contains —(a)(b)an order to pull down, demolish or remove the building or structure concerned; anda warning that in the event that such order is not complied with in the time set therein,the responsible authority will apply for authorisation to pull down, demolish or removethe building or structure itself,the responsible authority may upon expiry of the period set out in the notice, apply to acompetent court for authorisation to pull down, demolish or remove the building or structureconcerned, and recover the costs of doing so.Adjudication of disputes65. (1) Where, in response to a prohibition order served in terms of section 47(3) of the Act, theperson referred to in section 47(1) of the Act disputes —(a)that an order to pull down, demolish or remove is reasonable in relation to thecontravention concerned; or(b)that a financial penalty imposed by the responsible authority in terms of regulation 64 isreasonable in relation to the contravention concerned, he or she may appeal to the AppealTribunal in the manner prescribed, and the Appeal Tribunal must determine the matter finallyand record its decision in writing.(2) A penalty imposed by a responsible authority or by the Appeal Tribunal in terms ofsubregulations 63(1) or 65(1)(b) respectively, has the effect of a judgment of a Magistrate’sCourt, and be executed as such in that court.40

PDR_9.wpd14 Feb 2000Enforcement of provisions in existing schemes and plans66. Notwithstanding anything to the contrary contained in any other law, or in any scheme or plan, theprovisions of regulations 59 to 65, read with the provisions of sections 47 and 48 of the Act, applywith the necessary modifications to the enforcement of any plan or scheme referred to in section24(1) of the Act.PART EIGHTGENERAL MATTERSRegulations promulgated in terms of section 30(5) for the establishment of planning anddevelopment committees where committees presently exist under the ordinance; in terms of section32 for the exempting of responsible authorities from certain of the provisions of the Act; and interms of section 35 of the Act for limiting the jurisdiction of the Tribunal; and for formal matters.Creation of planning and development committees from town planning committees67. (1) Every responsible authority in whose area of jurisdiction a town planning committee or jointtown planning committee has been established under sections 42 or 43 of the Ordinance, mustwithin 12 months of the coming into effect of these regulations, cause such committeeeither —(a)(b)to be disbanded; orto become a planning and development committee as contemplated in section 30 of theAct in accordance with the procedures set out in regulation 34.(2) The town planning committee must, until the responsible authority takes the stepscontemplated in subregulation (1), perform the powers and functions of a planning anddevelopment committee under the Act.(3) Any responsible authority may apply to the Minister to exempt it from the provisions ofsubregulation (1) on such conditions as he or she may determine.Exemptions68. (1) No person shall be required in respect of any separately registered subdivision of land, toobtain an approval under section 34(2) of the Act —(a)(b)(c)for the erection or use of the first residential dwelling thereon and any outbuildingsusually associated therewith;for the erection or use of any dwelling or any outbuildings usually associated therewith,on tribal land where the land has been allotted under tribal law or custom; orwhere the land is used for the cultivation of crops or the rearing of animals, for theerection or use of structures usually associated therewith,41

PDR_9.wpd14 Feb 2000unless such erection or use is a prescribed activity in terms of Schedule 7.(2) Any responsible authority seeking exemption in terms of section 32 of the Act must apply tothe Minister in the manner set out in subregulation (3).(3) The application referred to in subregulation (2) must —(a)(b)be in writing; andcontain a motivation for the exemption applied for, including a statement settingforth —(i)(ii)(iii)whether the exemption is in respect of a particular matter or for a specified timeperiod;those persons whom the responsible authority considers to have an interest in theapplication; andwhere the applicant seeks exemption from all or any of the provisions of section31 of the Act, the manner in which the environmental impacts of developmentwill be assessed during the period of the exemption, whether in terms of adevelopment plan or otherwise.(4) The responsible authority must give notice of the application referred to in terms subregulation(2) to all interested persons in such manner as the Minister may direct, at the cost of theresponsible authority, in terms of section 32(3)of the Act.(5) Before coming to a decision on an application referred to in subregulation (2), the Minister —(a)(b)must consider the objections, representations and comments which are received; andmay convene a hearing or conduct an inspection upon such notice and according to suchprocedures as he or she may determine.(6) The Minister must make a decision on the application within 90 days of the closing date forobjections, representations and comment and notify all of the parties thereof.(7) The Minister may recover from the responsible authority concerned, all of the costs attendantupon his or her consideration of the application, whether or not it is granted.(8) The Minister must give notice in the Gazette of all exemptions granted under this regulation,and keep a public register thereof and the conditions if any, attaching thereto.Limitation on jurisdiction of Development Tribunal69. The provincial Development Tribunal established under section 15 of the Development FacilitationAct, 1995, may not consider any application to develop land where —(a)such application is inconsistent with an applicable development scheme or plan; or42

PDR_9.wpd14 Feb 2000(b)such application is consistent with an applicable development plan, or there is no such schemeor plan but the applicant does not reasonably require the application of the extraordinarypowers of the Development Tribunal in order to —(i)(ii)(iii)(iv)(v)(vi)suspend the provisions of any planning or development law which in its opinion willmaterially delay the development of the land concerned or the settlement of personsthereon;suspend restrictive conditions or servitudes;approve a registration arrangement;make use of special deeds of transfer and initial ownership provisions;approve the conversion into ownership of informal or unregistered tenure arrangementsin the upgrading of an existing settlement; orapprove the registration or approval of any transaction, diagram, plan or document, stepor action contemplated in Section 66 of the Development Facilitation Act, 1995.Jurisdiction of Appeal Tribunal under certain laws70. The Chairperson of the Appeal Tribunal after consultation with the Chairperson of the DevelopmentTribunal, must determine in such summary manner as he or she considers proper, any disputebetween the Development Tribunal and any person regarding the application of the provisions ofregulation 69.Inconsistencies between certain texts71. In the event of an inconsistency between different texts of these regulations, the English text prevails.State bound72. These regulations bind all organs of the state.Short title and commencement73. These regulations are called the KwaZulu-Natal Planning and Development Regulations, and comeinto effect upon a date to be fixed by the Minister by notice in the Gazette.oooOooo43

PDR_9.wpd14 Feb 2000S C H E D U L E 1Promulgated in terms of regulation 24MATTERS TO BE ADDRESSED IN THE PROVINCIAL DEVELOPMENT PLANApplication of this Schedule1. This Schedule applies to the provincial development plan.Provincial planning and development2. The provincial development plan must provide for the co-ordination, evaluation and prioritisationon an ongoing basis, of the development policies, strategies, decisions and activities of the provincialgovernment departments, service providers, the private and business sectors, civil society, tribal andother authorities and to the extent allowed under the constitution, other spheres of government, inorder to address the planning, development and associated financial requirements of the province.Contents of the provincial development plan3. The provincial development plan must comprise the following frameworks —(1) A co-ordinated policy framework which must include —(a)(b)(c)(d)(e)a vision statement;an assessment of the current planning and development situation, arrived at byappropriate research and public participation;the identification and prioritization of key objectives for the fulfilment of the visionstatement;strategies for the achievement of the key objectives;a spatial framework which relates the key objectives and strategies to differentgeographic areas and may include broad land uses.(2) An implementation framework which must include —(a)(b)(c)(d)(e)a financial plan;an implementation plan;an institutional plan;a communication and participation plan; andan environmental management plan.(3) a monitoring, evaluation, amendment and review framework.44

PDR_9.wpd14 Feb 2000S C H E D U L E 2Promulgated in terms of regulation 24MATTERS TO BE ADDRESSED IN REGIONAL AND METROPOLITANDEVELOPMENT PLANSApplication of Schedule1. This Schedule applies to plans prepared at the regional and metropolitan level. Where the planconcerned will also function as a local development plan in respect of either the whole or a portionof the planned area, the matters set out in Schedules 3 and 4 must also be addressed in respect thereof.Regional and metropolitan planning and development2. Regional and metropolitan development plans must provide for the co-ordination of policies andstrategic actions within the region or metropole as a whole, so that the unique circumstances of thoseareas and their communities are reflected through the amplification, interpretation and detailedimplementation of relevant programmes, procedures and mechanisms.Contents of the regional and metropolitan development plans3. Regional and Metropolitan Councils, which have responsibility for guiding the overall planning anddevelopment of the region or metropole, must provide broad co-ordinated policy and implementationframeworks upon which local development will be based, and must also ensure that such provincialand other regional and local policies and strategies as may be necessary to inform the planning anddevelopment of the region or metropole, are appropriately accommodated. As such, they mustcomprise the following frameworks —(1) A co-ordinated policy framework which must include —(a)(b)(c)(d)(e)a vision statement;an assessment of the current planning and development situation, arrived at byappropriate research and public participation;the identification and prioritization of key objectives for the fulfilment of the visionstatement;strategies for the achievement of the key objectives;a spatial framework which relates the key objectives and strategies to differentgeographic areas and includes broad land uses.(2) An implementation framework which must include —(a) a financial plan which must include —(i)an annual budget which must reflect the projected capital and operationalexpenditure associated with the development plan for the current financial year;45

PDR_9.wpd14 Feb 2000and(ii)a medium term expenditure framework which must be revised annually andwhich must reflect projected capital and operational expenditure and revenueraising strategies associated with the development plan for a three year period.(b)an implementation plan which, after taking account of the financial and institutionalplans, must set out defined projects and other developments and establish keyparameters by which the performance of each can be measured against the plan and thedevelopment strategies as contemplated in subclause (1)(d).(c) an institutional plan which must include —(i)(ii)(iii)(iv)an assessment of the present institutional and community organisationalstructures, human resources and skills;a statement of the institutional and community organisational structures, humanresources and skills which are required for effective and efficient implementationof the development plan;policies and strategies for capacity building for councillors, officials andcommunities, where necessary the procuring of human resources and skillsthrough training, recruitment, out sourcing and private/public-sectorpartnerships; and financial and legal matters associated therewith; andperformance indicators, as contemplated in subclause (3)(c).(d) a communication and participation plan which must include —(i)(ii)(iii)an evaluation of the existing communication and participation structures andprocesses and their appropriateness for the development of the co-ordinatedpolicy framework and for effective planning and development;policies and strategies to achieve effective communication of the planning anddevelopment policies and objectives, and effective participation in all associatedprocesses including, where necessary, capacity building, anda statement on the methods of public participation and the giving of publicnotices which will be adopted in the various planning and developmentprocesses prescribed in the Act and regulations.(e) an environmental management plan which must include —(i) a statement expressing the communities’ goals in respect of —(aa)elements of the natural environment such as coastal management, waterquality and water management, air quality control, land form and soils,open space, ecological viability, biodiversity and habitat and speciesconservation;46

PDR_9.wpd14 Feb 2000(bb)(cc)(dd)elements of the built environment such as heritage resourceidentification and conservation, appropriate development in sensitiveareas, and built environment management;elements of the social and cultural environment impacted bydevelopment; andsolid waste management including the identification, applicability andappropriateness of landfill sites;(ii)(iii)(iv)key areas of intervention, including associated mechanisms, policies andstrategies, all of which must be linked to the implementation plan ascontemplated in subclause 2(b);a spatial plan depicting environmentally sensitive areas and features and sites ofhistorical and archeological significance and areas to be set aside to conservespecies and ecosystems and protect essential environmental resources; andperformance indicators as contemplated in subclause (3)(c), including whereappropriate, qualitative and quantitative environmental standards and guidelines.(f)such other plans or elements thereof which arise out of the co-ordinated policyframework or which are necessary to co-ordinate the plan with the development plansof other responsible authorities, other statutory plans, or the plans of service providers.(3) a monitoring, evaluation, amendment and review framework which must include —(a)(b)(c)an indication of amendments, extensions or rescissions which must be exempted interms of section 32 from the provisions of section 28(2) and 29 of the Act;an indication of amendments which will be considered minor and inconsequential ascontemplated in regulation 29(5); andperformance indicators necessary for the monitoring, evaluation and review of the planand associated processes and procedures, and which will inform the annual reports andfive-yearly reviews referred to in regulation 32.S C H E D U L E 3Promulgated in terms of regulation 24MATTERS TO BE ADDRESSED IN LOCAL DEVELOPMENT PLANSApplication of Schedule1. This Schedule applies to all local development plans, as well as to those regional and metropolitanplans which have the effect, in respect of the whole or a portion of their planned areas, of localdevelopment plans in the manner described in clause 1 of Schedule 2.47

PDR_9.wpd14 Feb 2000Local planning and development2. Local development plans must provide for the ongoing co-ordination, allocation, use andconservation of all resources in the area, the application of national, provincial and local investment,the control of development and the provision of services, to address local circumstances and theneeds of all sectors of the communities concerned.Contents of local development plans3. Local development plans must comprise the following frameworks —(1) a co-ordinated policy framework which must include —(a)(b)(c)(d)(e)a vision statement;an assessment of the current planning and development situation, arrived at byappropriate research and public participation;the identification and prioritization of key objectives for the fulfilment of the visionstatement;strategies for the achievement of the key objectives; anda spatial framework which relates the key objectives and strategies to differentgeographic areas and includes broad land uses.(2) An implementation framework which must include —(a) a financial plan which must include —(i)(ii)an annual budget which must reflect the projected capital and operationalexpenditure associated with the development plan for the current financial year;anda medium term expenditure framework which must be revised annually andwhich must reflect projected capital and operational expenditure and revenueraising strategies associated with the development plan for a three year period.(b)(c)an implementation plan which, after taking account of the financial and institutionalplans, must set out defined projects and other developments and establish keyparameters by which the performance of each can be measured against the plan and thedevelopment strategies as contemplated in subclause (1)(d);an institutional plan which must include:(i)(ii)an assessment of the present institutional and community organisationalstructures, human resources and skills;a statement of the institutional and community organisational structures, humanresources and skills which are required for effective and efficient implementation48

PDR_9.wpd14 Feb 2000of the development plan;(iii)(iv)policies and strategies for capacity building for councillors, officials andcommunities, where necessary the procuring of human resources and skillsthrough training, recruitment, out sourcing and private/public-sector and otherpartnerships; and financial and legal matters associated therewith; andperformance indicators, as contemplated in subclause (3)(c).(d) a communication and participation plan which must include —(i)(ii)(iii)an evaluation of the existing communication and participation structures andprocesses and their appropriateness for the development of the co-ordinatedpolicy framework and for effective planning and development;policies and strategies to achieve effective communication of the planning anddevelopment policies and objectives, and effective participation in all associatedprocesses including, where necessary, capacity building; anda statement on the methods of public participation and the giving of publicnotices which will be adopted in the various planning and developmentprocesses prescribed in the Act and regulations.(e) an environmental management plan which must include —(i) a statement expressing the communities’ goals in respect of —(aa)(bb)(cc)(dd)elements of the natural environment such as coastal management, waterquality and water management, air quality control, land form and soils,open space, ecological viability, biodiversity and habitat and speciesconservation;elements of the built environment such as heritage resourceidentification and conservation, appropriate development in sensitiveareas, and built environment management;elements of the social and cultural environment impacted bydevelopment; andsolid waste management including the identification, applicability andappropriateness of landfill sites.(ii)(iii)key areas of intervention, including associated mechanisms, policies andstrategies, all of which must be linked to the implementation plan ascontemplated in subclause 2(b) below;a spatial plan depicting environmentally sensitive areas and features and sites ofhistorical and archeological significance and areas to be set aside to conservespecies and ecosystems and protect essential environmental resources; and49

PDR_9.wpd14 Feb 2000(iv)performance indicators as contemplated in clause (3)(c), including whereappropriate, qualitative and quantitative environmental standards and guidelines.(f)(g)a land use management system which must comply with the objectives, principles andrequirements for same as set out in Schedule 4; andsuch other plans or elements thereof which arise out of the co-ordinated policyframework or which are necessary to co-ordinate the plan with the development plansof other responsible authorities, other statutory plans, or the plans of service providers.(3) a monitoring, evaluation, amendment and review framework which must include —(a)(b)(c)an indication of amendments, extensions or rescissions which must be exempted interms of section 32 from the provisions of sections 28(2) and 29 of the Act;an indication of amendments which will be considered minor and inconsequential ascontemplated in regulation 29(5); andperformance indicators necessary for the monitoring, evaluation and review of the planand associated processes and procedures, and which will inform the annual reports andfive-yearly reviews referred to in regulation 32.SCHEDULE 4Promulgated in terms of Regulation 24LAND USE MANAGEMENTApplication of this Schedule1. This Schedule sets out the land use management objectives and principles applicable to every plan,whether a regional, metropolitan or local development plan, which is required in terms of Schedules2 or 3 to address a land use management system.Objectives of a land use management system2. The primary objectives of every land use management system shall be to —(a)(b)(c)(d)(e)accommodate desirable land uses;provide a framework to resolve conflict between different land uses;promote certainty of land use;to promote efficient use of land;promote efficient movement of persons and goods;50

PDR_9.wpd14 Feb 2000(f)(g)(h)(i)(j)(k)promote economic activity;protect the amenity of adjacent land uses;protect natural resources, including agricultural resources;protect cultural resources and give due consideration to the diversity of communities;protect unique areas or features; andthe management of land generally, including change of land use.Principles of a land use management system3. (1) In designing a land use management system the responsible authority shall take intoconsideration its financial and institutional capacity;(2) A land use system shall reflect the pressure to develop or protect land. Where pressure forchange and development exists, there is a need to plan but where pressure is low or absent, theneed for a land use management may be minimal;(3) Every land use system shall as far as possible accommodate recognised customs and existingsettlement patterns; and(4) A land use management system may not be inconsistent with any other provision of thedevelopment plan.Requirements of a land use management system4. (1) Every responsible authority shall adopt a single land use management system for its whole areaof jurisdiction, provided that the system may differentiate between different areas to allow fordifferent local planning, development and conservation needs.(2) A land use management system shall consist of a map, a written statement, and such diagrams,illustrations and descriptive matter as the planning authority may consider necessary forexplaining or illustrating the provisions thereof.(3) A land use management system shall —(a)(b)(c)(d)define the area of effect thereof;define terminology;specify developments, or classes of development permitted; andspecify developments or classes of development prohibited and any permissions,conditions, limitations or exemptions subject to which such developments may bepermitted.For the purpose of (c) and (d) above, development shall include the use of buildings and land.51

PDR_9.wpd14 Feb 2000Matters which a responsible authority may in its discretion include in its land use managementsystem5. A land use management system may in addition to the matters listed in 2 above also specify for anyarea or part thereof —(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)floor area and coverage limitations;building height limits;building density limits;space limitations around buildings, including minimum building lines;parking standards and requirements;external building appearance, landscaping, overshadowing, aesthetics, and maintenancestandards;advertising and signage standards;provisions which advise prospective developers of the facilities which they will be requiredto provide;moratoriums on further development where land use and servicing restrictions are severe; orany other norms or standards which need to be complied with or other matters necessary forthe effective administration thereof.S C H E D U L E 5STANDARD PROCEDURAL REGULATIONSStandard procedures for the amendment, extension or rescission of development plans (s.28(1)); the use of land or the erection or use of buildings (s.34(2)); the subdivision of land (s.39);obtaining approval under any existing plans (s.39) and the finalisation of applications lodgedunder other laws, but not finalised (ss. 44(2) and 56(4))Lodgement and payment of fees1. An application to which this regulation applies must include —(a)(b)(c)a written motivation;such plans, diagrams or other documents as the Act or the responsible authority may require;andsuch application fee as may be determined by the responsible authority.52

PDR_9.wpd14 Feb 2000(a)(b)of his or her own accord and with the approval of the responsible authority; orat the request of the responsible authority.13. Where the amendment referred to in clause 12 is material, the applicant must give notice thereof toall persons who lodged representations in terms of clause 9(b) and advertise it in such additional waysas the responsible authority may direct, subject always to the provisions of clauses 8 to 11.Certificate of compliance14. The applicant must as soon as it has complied with the directions of the responsible authority referredto in clauses 8, 9 or 13, or as altered on appeal, certify in writing that he or she has compliedtherewith and provide written proof of the notices referred to in clauses 8(a), (b), (c) or (d), ifapplicable.Applicants’ right to reply15. The applicant may, within a period of 21 days from the date of service upon him or her of anyrepresentations referred to in clause 9(b) either —(a)(b)lodge a reply thereto with the responsible authority and serve a copy of same on the personmaking the representation concerned; orlodge a written waiver of the right to reply with the responsible authority.Consideration by responsible authority16. The responsible authority must, within 21 days of —(a)(b)receipt of the reply or waiver referred to in clause 15; orexpiry of the period for lodging representations provided for in clause 9(b) or of lodging thereply or waiver referred to in clause 15, decide whether to it carry out an inspection or conducta hearing, or both, and notify the parties if it intends to do so within the said period, failingwhich it must decide the matter without any such inspection or hearing.17. The responsible authority may —(a)(b)provided it gives reasonable written notice to the parties to attend, carry out an inspection;orif it is in the interests of reaching a fair decision, conduct a hearing, provided that the first datefor the hearing may not, without the consent of all of the parties, be set down more than 60days from the commencement of the 21 day period referred to in clause 16.18. Any of the parties may appear at the inspection or hearing referred to in clause 17 and may at anyhearing state his or her case and lead evidence in support thereof or in writing authorise any otherperson to do so on his or her behalf.Decision of responsible authority55

PDR_9.wpd14 Feb 200019. (1) Subject to the provisions of subclause (2), the responsible authority must come to a decisionon the application —(a)(b)(c)where there is no hearing, within 60 days of the closing date for representations,whether or not the applicant has lodged a reply in terms of clause 15 or has lodged thefurther information or documentation referred to in clause 19;where it holds a hearing, within 30 days of the conclusion thereof; orwithin such further period as may be agreed to by the applicant.(2) The responsible authority may either refuse the application, or approve the application subjectto such conditions as it considers proper, provided that where the application involves anactivity prescribed under Schedule 7, and such activity has not been authorised at the datewhen a decision is due in terms of this clause, the responsible authority —(a) may not grant approval until such activity has been authorised in terms of clause 7(1)of Schedule 8; and(b)the responsible authority must make its decision within 7 days of the said authorisation.Failure of responsible authority to come to decision20. Where the responsible authority fails to come to a decision as provided for in clause 19 —(a)(b)the application shall be deemed to have been approved; andthe responsible authority must within 14 days after the expiry of the period for appeal in termsof regulation 10(2)(b), endorse —(i)(ii)two copies of the application; andtwo copies of the draft layout plan and draft conditions of approval, if applicable, andreturn them to the applicant.21. Where the responsible authority fails to provide the endorsements referred to in clause 20, theapplicant may apply to the High Court or to the Appeal Tribunal either for an order compelling theresponsible authority to do so, or for the endorsement of the High Court or the Appeal Tribunal inits place.Notification of decision22. The responsible authority must within 7 days of its decision or deemed approval provided for inclause 20, notify —(a)(b)(c)every party;the Minister and, where applicable, the Commission; andthe Surveyor-General and the registrar of deeds, in the case of a subdivisional approval, in56

PDR_9.wpd14 Feb 2000writing of the decision, and its reasons therefor.23. At the same time that the responsible authority or the Appeal Tribunal returns the endorseddocuments referred to in clauses 20 and 21, to the applicant, it must deliver a copy of the endorseddocuments to the Minister, and where applicable, to the Commission.24 Where the responsible authority fails to give the notifications in clauses 22 or 23, such notificationsmust be given by the applicant.Amendments to conditions of approval25. (1) Save in respect of an application approved in terms of regulation 47, where application is madeto the responsible authority to amend any condition attaching to any approval granted by itunder the Act and it is of the opinion that such amendment —(a)(b)(c)is in the public interest; oris minor and inconsequential or occasioned by a bona fide error or mistake; andwill not be prejudicial to any person, including any mortgagee, holder of a servituderights or lessee in terms of any registered lease, it may effect such amendment.(2) No application for an amendment in terms of subclause (1) may be granted until the applicanthas furnished the responsible authority with the written unconditional consent of —(a)(b)the registered owner of each property contiguous to the property in respect of whichsuch approval was granted; andthe person or successor in title of such person who may have objected to the originalapplication, or where he or she cannot be found, as authorised by order of the HighCourt.(3) The responsible authority must keep a record of every amendment effected by it to a conditionof approval under this regulation.Special provision for delivery to groups26. Any person required in these regulations to give notice to anyone who is a signatory to a joint petitionor group representation, may give notice —(a)(b)in the case where the petition or representation is lodged by an authorised representative of thesignatories, to that person; orin every other case, to the person whose name appears first on the said document, and suchnotice shall be deemed to constitute notice to each person named therein; provided that thenotice must inform the said person of the import of this subregulation.Prosecution of application by new applicant27. (1) Where the identity of the applicant changes at any stage prior to the decision thereon by the57

PDR_9.wpd14 Feb 2000responsible authority, the successor to the applicant must notify the responsible authority inwriting that he or she will prosecute the application and provide adequate proof of suchchange.(2) A successor who prosecutes an application in terms of subclause (1) will, for the purposes ofthese regulations, be deemed to be the original applicant.S C H E D U L E 6ENVIRONMENTAL STATEMENTThis Schedule is promulgated in terms of regulation 36(1)(a) of the Planning and DevelopmentAct regulations1. If the following information is not already contained in the application, the applicant must supply thefollowing —(a)(b)(c)the name, address and telephone number of developer and of contact person and, if not thesame party, owner of the land on which development is proposed;a brief description of the proposed development; andan estimation of when the development will commence.2. The applicant must identify on an attached map or plan depicting its exact location, as well as —(a)the address, exact location and boundaries of the proposed development;(b) all land steeper than 1:3;(c)(d)any rivers, streams or wetlands thereon or within its immediate environs;any indigenous forests on the site;3. The applicant must, after making diligent enquiry, state whether to his or her knowledge there are —(a)(b)(c)any rare or endangered plant or animal species on the site or within its immediate environs;any items of archaeological, historical or cultural importance on the site or within itsimmediate environs; or;any dunes or the seashore on the site or within its immediate environs.4. If the applicant foresees that the proposed development will have an appreciable negative impact onanything referred to in clause 3, the applicant is required to state the impact and any mitigationmeasures which will be adopted in the development.5. The applicant must state, if the information is not contained in the application —58

PDR_9.wpd14 Feb 2000(a)(b)(c)(d)(e)the current land use zoning or other controls applicable to the property;the use, if any, to which the property been put in the past 10 years;whether the application entails the building of any new roads;whether there are any features on the proposed site, either natural, built, aesthetic,archaeological or cultural which in the applicant’s opinion are sensitive or unique;whether the applicant is aware of any other permits or consents which may be required priorto the commencement of the proposed development;(f) where the proposed development entails manufacturing, whether the process —(i)requires water, and if so, how that water will be obtained and how waste water will bedischarged;(ii) is an activity listed in Schedule 2 of the Atmospheric Pollution Prevention Act, 1965(Act No. 45 of 1965), or will affect air quality; and if so, how;(iii)will result in solid waste production, and if so how such waste will be disposed of;(g)(h)(i)whether the site falls within an area of unstable soil conditions;what discussions or consultations have been held with any persons who may be interested oraffected in any way by the proposed development; andwhether any negative human impacts are expected to follow from the development, and if so,what mitigation measures are proposed.S C H E D U L E 7PRESCRIBED ACTIVITIES WHICH MAY HAVE A SUBSTANTIALDETRIMENTAL EFFECT ON THE ENVIRONMENTRegulations promulgated in terms of section 31(2)(a) of the Planning and Development Act, readwith regulation 36(1) of the Regulations thereto.The following developments constitute prescribed activities in terms of section 31(2)(a) of the Act, readwith regulation 36(1) thereto —1. The construction or upgrading of —(a)(b)(c)facilities for commercial electricity generation and supply;nuclear reactors and installations for the production, enrichment, reprocessing and disposal ofnuclear fuels and wastes;transportation routes and structures, and manufacturing, storage, handling or processing59

PDR_9.wpd14 Feb 2000facilities for any substance which is dangerous or hazardous and is controlled by nationallegislation;(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o)(p)roads, railways, airfields and associated structures;marinas, harbours and all structures below the high-water mark of the sea;cableways and associated structures;infrastructural works associated with communication networks, including telecommunicationmasts, lines and cables, and access roads leading to these structures;racing tracks for motor-powered vehicles and horse racing;sports stadia, excluding schoolscanals and channels, including diversions of the normal flow of water in a river bed and watertransfer schemes between water catchments and impoundments;dams, levees or weirs affecting the flow of a river;reservoirs for public water supply;schemes for the abstraction or utilisation of ground or surface water for bulk supply purposes;public and private resorts and associated infrastructure;sewage treatment plants and associated infrastructure; andbuildings and structures for industrial and military manufacturing and storage of explosivesor ammunition or for testing disposal of such explosives or ammunition.2. The change of land use from-(a)(b)(c)agricultural or undetermined use to any other land use;use for grazing to any other form of agricultural use, including commercial afforestation,woodlots and any other form of extensive monoculture; anduse for nature conservation or zoned open space to any other land use.3. The concentration of livestock or plants in a confined structure for the purpose of mass commercialproduction.4. The reclamation of land below the high-water mark of the sea (including estuaries)5. Any activity that impacts on an area that is defined as environmentally sensitive in terms of a regionalor local development plan or the national environmental framework or by a conservation authority.6. The disposal of waste in terms of section 20 of the Environment Conservation Act, 1989.60

PDR_9.wpd14 Feb 20007. Scheduled processes listed in the Second Schedule to the Atmospheric Pollution Prevention Act,1965 (Act No. 45 of 1965).8. Mining, including the winning of sand and quarrying.SCHEDULE 8PROCEDURES TO BE FOLLOWED IN RESPECT OF ACTIVITIES PRESCRIBED INSCHEDULE 7Regulations promulgated in terms of regulation 31(2)(b) of the Planning and Development Actregulations, for the establishment of environmental impact assessment procedures for activitiesprescribed in terms of Schedule 7Definitions1. In this Schedule any word or expression to which a meaning has been assigned in the Act has thatmeaning, and unless the context otherwise indicates —“prescribed activity" means any prescribed activity identified in Schedule 7;“alternative""applicant""interested and affected party"in relation to an activity, means any other possible courseof action, including the option not to act;means any person who applies for an authorisation toundertake a prescribed activity or to cause such activityto be undertaken.means any person or group of persons concerned with oraffected by an activity, with whom the applicant isrequired to consult in terms of subclause 4(3)(d); and"environmental authority" has the same meaning as referred to in regulation 37(2).Responsibilities in terms of this Schedule2. (1) An applicant —(a)(b)must appoint an independent expert or experts, acceptable to the environmentalauthority, who must on behalf of the applicant comply with these regulations;is responsible for all costs incurred in connection with the employment of the expert orany other person acting on the applicant's behalf to comply with this Schedule;(c) must ensure that the expert, while complying with this Schedule, has —(i)expertise in the area of environmental and technical concern being dealt with in61

PDR_9.wpd14 Feb 2000the specific application;(ii)(iii)(iv)(v)the ability to perform all the relevant tasks contemplated in these regulations, orto manage all the relevant tasks where sub-contracting is deemed necessary;the ability to manage the public participation process contemplated in subclause(e), including sub-contracting this function;the ability to timeously produce thorough, readable and informative documents;adequate recording and reporting systems to ensure the preservation of all datagathered; and(d)(e)(f)must ensure that the expert provides to the environmental authority access to, andopportunity for review of, all procedures, underlying data, reports and interviews withinterested parties, whether or not such information may be reflected in a report requiredin terms of these regulations;is responsible for the public participation process to ensure that all interested parties,including government departments that may have jurisdiction over any aspect of theactivity, are given the opportunity to participate in all the relevant procedurescontemplated in this Schedule; andmust indemnify the environmental authority and all its officers, agents and employees,from any liability arising out of the content of any report, any procedure or any actionfor which the applicant or expert is responsible in terms of this Schedule.(2) The environmental authority must —(a)ensure that officers, agents or experts employed by it to evaluate any reports lodged interms of this Schedule have —(i)(ii)(iii)(iv)expertise in the area of environmental and technical concern being dealt with inthe specific application;the ability to perform the evaluation tasks contemplated in these regulationsefficiently;the ability to timeously produce thorough, readable, and informative documents;anda good working knowledge of all relevant policies, legislation, guidelines, normsand standards;(b)(c)ensure that the evaluation and decisions required in terms of these regulations are doneor reached efficiently and within a reasonable time, and that the applicant is informedimmediately of any delay and is provided with a written explanation for any delay thatmay occur;provide the applicant with any guidelines, as well as access to any other information in62

PDR_9.wpd14 Feb 2000the possession of the responsible authority, that may assist the applicant in fulfilling itsobligations in terms of these regulations; and(d)limit the information required from the applicant to the minimum that is necessary tomake an informed decision on the application, without limiting the rights that interestedparties may have in terms of these regulations.(3) Any interested party who wishes to participate in the public participation process contemplatedin subclause 2(1)(e) must respond within the time periods determined by the environmentalauthority.Application for authorisation to undertake activity3. (1) Application for authorisation to undertake an activity must be made on a form obtainable fromthe environmental authority.(2) Subject to the provisions of regulation 42 of the regulations, such application must be lodgedwith the environmental authority for consideration, and a copy thereof must at the same timebe served upon the responsible authority where it is not the environmental authority.(3) The environmental authority must keep a register of all applications received.Environmental assessment report4. (1) The environmental authority must in writing, acknowledge receipt of the application onlodgement.(2) Within 60 days of acknowledging the application the environmental authority —(a)(b)where it is satisfied that the impact of the activity requires no further assessment, makea decision on the application, which decision will for all purposes be deemed to be adecision in terms of clause 7(1); orwhere it is of the opinion that it requires further information on the proposed activity,or wishes to give directions to the applicant for the completion of a detailedenvironmental impact report in terms of subclause (3), it must arrange for anassessment planning meeting with the applicant, provided that the date for such meetingshall not be later than fourteen (14) days after the date of acknowledgement referred toin subclause (1).(3) The environmental authority may direct the applicant in regard to any matter to be addressedin the environmental impact report, in particular —(a)(b)the procedures to be followed (preliminary or full impact assessment), the manner inwhich issues of concern are to be identified; and a minimum set of environmentalparameters which are to be assessed;the level of detail at which investigations are to be conducted, the depth of analysis ofissues and impacts, the extent of the study,63

PDR_9.wpd14 Feb 2000(c)(d)(e)the manner in which the application is to be publicly advertised and public involvementsought, provided that where the activity concerned requires advertisement in terms ofany other provision of the regulations, the applicant will be entitled to consolidate theadvertisements concerned;a minimum list of interested and affected parties, including authorities, with whom theapplicant must consult;the manner in which the environmental impact report is to be compiled, including atleast —(i)(ii)(iii)(iv)(v)(vi)a description of the following, if relevant: project alternatives, and projectactivities during construction, operation and decommissioning;if relevant, a discussion of environmental issues identified in relation to eachfeasible alternative investigated;a discussion of how the environment may be affected;a description of how issues and impacts may be mitigated;a description of the process and methodologies used; anda description of the public participation process followed, including a list ofinterested parties and their comments.Completion of environmental impact report5. Unless the environmental authority has made a decision in terms of subclause 4(2)(a), the applicantmust thereafter conduct the environmental impact assessment in such a manner as to comply with thedirections of the environmental authority.Delivery of environmental impact report6. (1) On completion of the assessment the applicant must deliver the report to the environmentalauthority, together with any supporting data, documentation or any other information requiredby it.(2) The environmental authority must acknowledge receipt of the report, upon lodgment.Consideration of report7. (1) The environmental authority must, within twenty-eight (28) days of receipt of the report,respond thereto, and in so doing may —(a)(b)(c)approve the application, with or without conditions;reject the application; orcall for such further information as it may require to enable it to take a proper decision.64

PDR_9.wpd14 Feb 2000(2) Any party aggrieved by a decision of the environmental authority taken in terms of clause 4(2) or subclause (1) may appeal to the Appeal Tribunal in the manner prescribed.(3) Where the environmental authority is the Minister or the national Minister responsible for theenvironment, such Minister must serve a copy of the decision on the responsible authorityconsidering any application referred to in regulation 55(1), the applicant and the other parties.Record of decision8. (1) The environmental authority must issue a record of any decision that is taken under thisSchedule to the applicant, and on request to any other interested party.(2) The environmental authority must notify the applicant of any decision taken in terms of thisSchedule within 30 working days of receipt of the environmental impact final report.(3) The record of the decision must include-(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)a brief description of the proposed activity, the extent or quantities and the surface areasinvolved, the infrastructural requirements and the implementation programme for whichthe authorisation is issued;the specific place where the activity is to be undertaken;the name, address and telephone number of the applicant;the name, address and telephone number of any consultant involved;the date of, and persons present at, site visits, if any;the decision of the responsible authority;the conditions of the authorisation (if any), including measures to mitigate, control ormanage environmental impacts or to rehabilitate the environment;the key factors that led to the decision;the date of expiry or the duration of the authorisation;the signature of a person who represents the responsible authority; andthe date of the decision.Access to information9. A member of the public may inspect any report lodged with the environmental authority for thepurposes of these regulations, after the record of the decision contemplated in clause 8 of thisSchedule has been issued.S C H E D U L E 965

PDR_9.wpd14 Feb 2000Finalisation of existing applications under laws repealed by the Act1. Any application which was validly lodged with an authority in terms of the repealed provisions ofthe Town Planning Ordinance, 1949 (Ordinance No. 27 of 1949), the Township Establishment andLand Use Regulations, 1986 (R1897 of 1986), the Township Development Regulations for Towns,1990 (R1886 of 1990), the Land Use and Planning Regulations, 1990 (R1888 of 1990), the KwaZuluLand Affairs Act, 1992 (Act No. 11 of 1992 — KwaZulu) read with the KwaZulu Land Affairs(Township Establishment) Regulations, 1994 (Government Notice No. 29 of 1994 — KwaZulu) andKwaZulu Land Affairs (Town Planning) Regulations, 1994 (Government Notice No. 30 of 1994 —KwaZulu), or the Township Establishment Regulations, 1993 (Government Notice No. 23 of 1993— KwaZulu); and not finalised at the date of coming into effect of these regulations, is deemed tobe an application under the Act and finalised as follows —(a)applications for private township approval made in terms of sections 11(2) and 11bis of theTown Planning Ordinance, 1949, must be finalised in accordance with the provisions ofsection 34(2)(b) of the Act;(b) applications for private township (subdivisional) approval made in terms of —(i) sections 12(1) and 33(1) of the Town Planning Ordinance, 1949;(ii) regulation 7 of the Township Development Regulations for Towns, 1986;(iii) regulation 7 of the Township Development Regulations for Towns, 1990;(iv) regulation 24 of the Land Use and Planning Regulations, 1990;(v) regulations 7 and 9 of the Township Establishment Regulations, 1993;(vi)regulation 12 of the KwaZulu Land Affairs (Township Establishment) Regulations,1994; and(vii) regulation 32 of KwaZulu Land Affairs (Town Planning) Regulations, 1994.must be finalised in accordance with the provisions of section 39(1) of the Act;(c) applications for approval to prepare a scheme in terms of —(i) section 44 of the Town Planning Ordinance, 1949;(ii) regulation 8 of the of the Land Use and Planning Regulations, 1990; and(iii) regulation 14 of the KwaZulu Land Affairs (Town Planning) Regulations, 1994;must be finalised in accordance with the provisions of section 26(1) of the Act;(d)applications to adopt, rescind, alter or amend the provisions of any scheme made in termsof —(i) sections 47 bis and 47 bis(A)(2)(a) of the Town Planning Ordinance, 1949;66

PDR_9.wpd14 Feb 2000(iii)regulation 23 of the Land Use and Planning Regulations, 1990; and(iv) regulation 21 of the KwaZulu Land Affairs (Town Planning) Regulations, 1994must be finalised in accordance with the provisions of section 28(1)(a) of the Act;(e)applications to adopt, rescind, alter or amend the provisions of any scheme made in terms ofsections 47bis(B)(1) of the Town Planning Ordinance, 1949, must be finalised in accordancewith the provisions of section 28(1)(b) of the Act;(f) applications for consent or special consent made in terms of —(i) sections 67(1) and 67 bis of the Town Planning Ordinance, 1949;(iii) clause 11 of Annexure F of the Township Development Regulations for Towns, 1986;(iv)regulation 25 of of the Land Use and Planning Regulations, 1990; and(v) regulation 27 of KwaZulu Land Affairs (Town Planning) Regulations, 1994,must be finalised in accordance with the provisions of section 34(2)(a) of the Act.2. When any application referred to in subregulation (1) has substantially commenced at the date ofcoming into operation of these regulations, the responsible authority must consider the extent towhich any procedure required under the Act is provided for in the repealed enactment, and providedit is satisfied that —(a)(b)the procedure required under the Act has been substantially performed; andthe objects of the Act will not be prejudiced thereby,it may absolve the applicant from repeating the procedure concerned.S C H E D U L E 10Procedures for formalisation of plans prepared in terms of laws repealed by the Act1. The Minister must, in consultation with the responsible authority, as soon as possible after thecoming into effect of the Act and regulations and by notice in the Gazette —(a) identify those plans which apply in respect of —(i) any town defined under section 30(1) of the Black Administration Act, No 38 of 1927;(ii)(iii)any development area defined in terms of section 33(1) of the black CommunitiesDevelopment Act, No. 4 of 1984;any town proclaimed under Proclamation No R293 of 1962 (Black Administration Act,No 38 of 1927); and67

PDR_9.wpd14 Feb 2000(iv)any land governed by the provisions of the KwaZulu Land Affairs, 1992; and publisha set of scheme clauses which will apply either generally or specifically to such plansor areas until such time as they are transformed into development plans in terms ofsection 24 of the Act.2. From the date of the publication of the notice referred to in clause 1, the layout plan and publishedclauses concerned are deemed to be a scheme for the purposes of the Act.3. Where any layout plan was purported to have been amended prior to the notice referred to in clause 1,such amendment is deemed to have been validly effected, and any land or building use authorisedin accordance therewith is deemed to have been valid.4. The authority responsible for the administration of the schemes referred to in clause 2 will, from thedate of the notice in clause 1, be the municipality in whose area of jurisdiction such scheme falls.S C H E D U L E 11Application procedures in respect of plans and schemes in force under legislation repealed bythe Act.1. The provisions of —(a)(b)(c)(d)(e)section 34(2)(b) of the Act will apply in respect of any application made for privatetownship approval referred to in clause 1(a) of Schedule 9;section 39(1) of the Act will apply in respect of any application for subdivisional approvalreferred to in clause 1(b) of Schedule 9;section 26(1) of the Act will apply in respect of any application for approval to prepare ascheme referred to in clause 1(c) of Schedule 9;sections 28(1)a) and 28(1)(b) of the Act will apply in respect of any application to adopt,rescind, alter or amend any scheme referred to in clauses 1(d) and (e) respectively, ofSchedule 9; andsection 34(2)(a) of the Act will apply in respect of any application for consent or specialconsent referred to in clause 1(f) of Schedule 9.2. The provisions of sections 28(2) and 29(1) of the Act do not apply to a resolution taken by aresponsible authority pursuant to an application referred to in subclause 1(e).3. Any provision in a town planning scheme relating to the applications referred to in clause (1)which conflicts with a provision in Schedule 5 is null and void.4. Where a responsible authority has, on the date that these regulations take effect, failed to meet itsobligations as contemplated in sections 67sept and 67oct of the Town Planning Ordinance, 1949,the reservation concerned will, unless the responsible authority expropriates the land concernedwithin 12 months of the said coming into effect, be deemed to have been rescinded, and the land68

PDR_9.wpd14 Feb 2000concerned must revert to any previous zoning or be awarded an appropriate zoning inconsultation with the owner.69